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Obamacare: 49 Representatives ask for investigation into Elena Kagan’s role in healthcare reform

July 3, 2011

  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.

12 Comments leave one →
  1. TexasFred's avatar
    July 3, 2011 9:21 am

    Somehow, I think Kagan is another of those *serving* that has NO business being there..

    Like

    • John Carey's avatar
      July 3, 2011 10:11 am

      I totally agree! She is just another radical leftist who cares more about her flawed ideology than the Constitution.

      Like

    • Steve Dennis's avatar
      July 3, 2011 8:15 pm

      The Obama regime is filled with people who are not qualified for the positions they hold–Janet Napolitano being the perfect example.

      Like

      • Harrison's avatar
        July 3, 2011 11:24 pm

        Or Eric Holder… or remember Van Jones?

        Libs tried to stick this on Clarence Thomas’ wife but failed miserably.

        Like

  2. satt1313's avatar
    satt1313 permalink
    July 3, 2011 10:30 am

    I get so frustrated with people who keep electing representatives who are more interested in C.Y.A. than doing what is right. This has to be one of the worst court appointment ever. I don’t know how we remedy the damage these people do. The Congress and House are almost irrelevent. Nothing more than talking heads looking for a cushy government retirement. And none of these people are affected by the laws they pass.

    Like

    • Steve Dennis's avatar
      July 3, 2011 8:17 pm

      I agree! These people look at getting re-elcted as more important than doing what is right. I don’t know what we can do to change this.

      Like

  3. bunkerville's avatar
    bunkerville permalink
    July 3, 2011 12:30 pm

    The Supreme Court probably will have two who will retire the next term. Obama must be defeated if for no othre reason. Two more of Kagan’s ilk will finish us forever.

    Like

    • Steve Dennis's avatar
      July 3, 2011 8:18 pm

      Supreme Court nominations are more lasting than any other effects of an administration; Goerge Bush left his mark on the court with Roberts and Alito and we must not let Obama have another chance to change the structure of the court.

      Like

      • integrity1st's avatar
        July 4, 2011 3:57 am

        JUSTICE GINSBURG’S FUTURE PLANS CLOSELY WATCHED

        They want to throw her overboard before a Republican President can name her replacement.

        Party first,last and always.

        http://old.news.yahoo.com/s/ap/20110702/ap_on_go_su_co/us_supreme_court_futur

        Like

      • Steve Dennis's avatar
        July 4, 2011 8:03 am

        I saw this story yesterday as well. Interesting the way the liberal mind works, isn’t it. She is getting older, and would like to ensure that Obama can replace her because they are afraid she will retire during the next administration. They are showing signs of panic, they are obviously scared that Barack Obama is going to lose and they are getting desperate. Ginsburg says she is going nowhere.

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  4. melpa's avatar
    melpa permalink
    October 5, 2011 8:57 am

    would agree, as a liberal, that she should recuse herself from this case. However, if at one point working to prepare the legal defense of the PPACA, is considered a conflict of interest in this case, one has to be completely objective to not realize that Justice Thomas should have also recused himself from Citizens United. I cannot think of any situation where someone whose wife “earned” 1.6 Million from the lobbying organization (interest group) who supported Citizens United should be allowed to vote on the legality of this issue. I am all for transparency and for the Constitution to be upheld to the upmost degree. But it works both ways brothers and sister. We may not agree on the particulars of our politics, but I am certain we can all agree that lobbying/bribery & ideology do not belong on the Supreme Court, in any manner.

    Like

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