Obamacare: 49 Representatives ask for investigation into Elena Kagan’s role in healthcare reform
Before she became Barack Obama’s latest appointee to the Supreme Court, Elena Kagan was Barack Obama’s Solicitor General. As Solicitor General she was charged with presenting the government’s arguments on any case which makes it to the Supreme Court. While she was still the Solicitor General, Obamacare was passed and the constitutional challenges began; when she was nominated to the Supreme Court she was asked about a possible conflict of interest on the pending Obamacare challenge–and whether she would recuse herself if there were–and she testified that she had virtually no role in preparing the Obama regime’s defense.
It seems highly unlikely that as Solicitor General Elena would have been uninvolved in the crafting of the regime’s legal defense, after all it was her job, and CNS News issued a FOIA request for all relevent documents. The Department of Justice has been less than forthcoming with the documents, but the department has released some and they raise more questions about Elena Kagan’s involvement in this case.
49 members of the House of Representatives–including the head of the House Oversight Committee, Darrell Issa–also feel that the documents released so far raise more questions, and they have sent a letter to the Judiciary Committee asking for an investigation into Elena Kagan’s involvement in the Obamacare defense prior to her nomination to the Supreme Court.
We respectfully call upon the House Judiciary Committee to promptly investigate the extent to which U.S. Supreme Court Justice Elena Kagan was involved in preparing a legal defense of the Patient Protection and Affordable Care Act (PPACA) during her tenure as Solicitor General
These lawmakers do not believe that Elena Kagan was being totally honest when she testified to the Judiciary Committee:
Contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee, recently released Department of Justice (DOJ) documents indicate that Justice Kagan actively participated with her Obama Administration colleagues in formulating a defense of PPACA
That is a serious charge and it should not be made lightly, but what other reason can there be for the Department of Justice to hold back on documents which they are bound to release under a FOIA request? What is Eric Holder and Barack Obama trying to hide if Elena Kagan is telling the truth?
The documents that the Department of Justice have released are obviously the less indicting documents, but there is an indication in those documents that Elena Kagan was more involved in building the defense of Obamacare than she led on during her confirmation hearings. The Department of Justice has been an obstructionist organization in this new “open and transparent” administration and so the House of Representatives has had to take drastic measures to find out information that could be relevent to the most important Supreme Court decision that will be decided in many years.