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BREAKING: Did SC Justice Kagan Help To Prepare ObamaCare Legal Defense?

By: lineholder (Diary)  |  May 18th, 2011 at 10:19 PM  | 

RESIZE: AAA

This situation is still unfolding as this is written, so I’m keeping this to just the facts as they stand.

Washington, DC — May 18, 2011

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has obtained documents suggesting Supreme Court Justice Elena Kagan helped coordinate the Obama administration’s legal defense of the Affordable Care Act (also known as Obamacare) while she served as Solicitor General. Kagan has said she was not involved in Department of Justice (DOJ) preparations for legal challenges to Obamacare. Moreover, the Supreme Court justice did not recuse herself from the High Court decision in April 2011 not to “fast-track” for Supreme Court review Virginia’s lawsuit challenging Obamacare.

Apparently, several emails went back and forth between Elena Kagan and Neal Katyal, former Deputy Solicitor General (and current Acting Solicitor General) to Brian Hauck, Senior Counsel to Associate Attorney General Thomas Perrel.

The following is an excerpt of an email message sent on Jan. 8,2010:

Subject: Re: Health Care Defense:

Brian, Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues…we will bring in Elena as needed. [The “set of issues” refers to another email calling for assembling a group to figure out “how to defend against the…health care proposals that are pending.”]

Judicial Watch proceeds to provide excerpts from other email messages as well.

Kagan hasn’t recused herself from any actions involving Obamacare, including the decision to prevent “fast tracking” the legislation through SCOTUS.

Will she recuse herself when the final SCOTUS hearing of Obamacare takes place???

Available information provided at the link above.

h/t: Hot Air

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  • averagevoterdotcom

    how do the unwashed masses unseat a SCJ?

    • lineholder

      The “take” on this over at HA is that this is why so much emphasis has been placed on trying to get Justice Thomas to recuse himself…because of this skeleton in closet of Kagan’s involvement in the situation.

      And consider this…Obama appointed her anyway, knowing full well that this situation was legally compromised.

  • averagevoterdotcom

    likely illegitimate Pesident.

    likely perjurous SC Justice.

    these immoral socialist humanists will stop at nothing.

    time to take the legal gloves off, I say.

    • lineholder

      Whether Kagan actually said that or not, I don’t know, so in technical terms of perjury, it might not be valid.

      But there is other evidence indicating that by no means was she a neutral party in this.

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

        But since Roberts and Scalia have recused themselves to our detriment when they had no personal connection to a case (The only criteria I would impose is if they are a party to a case or have a direct financial interest) than I suppose I hope that Kagan follows the ridiculous ethical rule that applies due to participation at prior judicial levels or administrative levels.

    • http://www.redstate.com/jcrestonm jcrestonm

      I seriously think Michelle Malkin needs to write a second volume of her book, Culture of Corruption.

      This administration is a big joke.

      Tax Cheats, Obamacare waivers, now we have a corrupt Supreme Court Justice.