Skip to comments.Oh my: Documents reveal that Elena Kagan may have helped craft legal defense of ObamaCare
Posted on 05/19/2011 7:15:18 AM PDT by SeekAndFind
She won’t recuse herself, needless to say. Defending their signature domestic “achievement” when it’s under mortal threat from a constitutional challenge is much, much more important to the left than observing ethical rules. Which is why, of course, they’ve been hassling Clarence Thomas about a supposed conflict of interest in his own right vis-a-vis ObamaCare. They know Kagan is compromised, so they’re setting up a “tu quoque” rejoinder for when, not if, the GOP takes up this point in earnest.
I wonder if they know how compromised she is.
On March 21, 2010, Katyal urged Kagan to attend a health care litigation meeting that was evidently organized by the Obama White House: This is the first Ive heard of this. I think you should go, no? I will, regardless, but feel like this is litigation of singular importance.
In another email exchange that took place on January 8, 2010, Katyals Department of Justice colleague Brian Hauck asked Katyal about putting together a group to discuss challenges to Obamacare. Could you figure out the right person or people for that? Hauck asked. Absolutely right on. Lets crush them, Katyal responded. Ill speak with Elena and designate someone.
However, following the May 10, 2010, announcement that President Obama would nominate Kagan to the U.S. Supreme Court, Katyal position changed significantly as he began to suggest that Kagan had been walled off from Obamacare discussions…
Any reasonable person would read these documents and come to the same conclusion: Elena Kagan helped coordinate the Obama administrations defense of Obamacare. And as long as the Justice Department continues to withhold key documents, the American people wont know for sure whether her involvement would warrant her recusal from any Obamacare litigation that comes before the High Court, said Judicial Watch President Tom Fitton.
March 21, 2010 was the day ObamaCare passed the House and, for all intents and purposes, became law. It’s hard to believe Kagan, as solicitor general, wouldn’t have showed up for a legal strategy session held that day, let alone at any point over the previous six months as the bill was working its way through Congress. But here’s the excuse they’re going to offer the public:
On May 17, 2010, for example, Tracy Schmaler, a Department of Justice spokesperson wrote to Katyal, Has Elena been involved in any of that to the extent SG office was consulted ?
No, she has never been involved in any of it. Ive run it for the office, and have never discussed the issues with her one bit, was Katyals response. He then forwarded the correspondence to Kagan, saying This is what I told Tracy about Health Care.
Kagans response: This needs to be coordinated. Tracy you should not say anything about this before talking to me.
Other email chains between Kagan, White House lawyers and Vice President Joe Bidens then-Chief of Staff Ronald Klain show a coordinated effort on how to respond to questions about the health-care law that may have arisen in the confirmation hearings.
Just so we’re straight on the timeline here: On March 21, the day ObamaCare was passed, Katyal is inviting Kagan to strategy sessions about the new law. On April 9, John Paul Stevens resigns and speculation erupts about Kagan succeeding him. On May 17, Katyal is suddenly telling people that Kagan’s never been involved in anything — even though she is, in fact, the solicitor general of the United States and even though he explicitly invited her to a meeting about the law less than two months earlier — and Kagan is warning people via e-mail to make sure everyone has their story straight on what she knew by “coordinating.” Is that about right? I want to make sure we’re all square on this nonsense for when the mandate challenge finally reaches the Court and we’re told by her office that everything is magically copacetic.
It’s time to bring this Kagan farce to an end. She needs to resign. She has no business being on the SCOTUS.
“She needs to resign. She has no business being on the SCOTUS.”
Agree. No more business being SCOTUS than Obama has as POTUS.
She should recuse herself, and if not, be impeached and removed from office..................
agree, this woman is no judge and never has been , she’s another community activist/agitator with an agenda who got this position because the GOP are cowards and she is young , hispanic and an activist,
Surely something could be done couldn’t it to remove her or address her and investigate her?
The old adage about not judging books from their covers has a limit and Kagan is beyond that limit. Elena Kagan looks like a little pig and she basically IS a little pig. The Supreme Court of the United States was never meant to be inhabited by a little pig like Elena Kagen.
Oh, look! More lies from the Obama Administration. Who woulda thunk it?
Kagan was a problem from the start. That she was confirmed says a lot about how broken our political system is.
She’s clearly a turd, but you two have her confused with his other appointment, Sotomayor. She’s the “wise” latin.
Just squint and imagine a similar situation under Dubya’s watch. How fast would the LMSM insist on a Bush perp walk for blatant corruption? But now it’s the new normal in D.C. Pathetic.
Too bad she has a lifetime appointment AND the chances of being impeached (much less convicted) are so close to null that it isn’t funny.
Thats what happens when ‘Pubbies “go along to get along.”
The good news is that she simply replaced ANOTHER liberal judge who would have voted the same as she will.
GOP voting `Yes’ on Kagan: Orrin Hatch, Tom Coburn, Jon Kyl, Collins & Snowe (Maine’s Bobblehead Twins) and Richard “I’m Moderate” Lugar.
GOP voting `present’: Linseed GraHam, John Ensign, Thad Cochran.
“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.”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.