The White House needs to come clean on Elena Kagan and the Affordable Care Act

WaPo ^ | 12/2/2011 | Rep. Lamar Smith

[mojito]

The Supreme Court’s current session is likely to prove one of the most important in many years. At the heart of a case the justices will consider is the individual mandate in President Obama’s Affordable Care Act, which requires every American to purchase health insurance. If the Supreme Court upholds the individual mandate, it will set a precedent for future Congresses and expand the federal government’s reach into our everyday lives.

But the outcome of the case is not the only issue of concern to the American people. Interest groups on both sides are calling for the recusal of two Supreme Court justices.

While we don’t know whether these justices should recuse themselves, it is clear that not all of the allegations are equal. For example, some groups allege that Justice Clarence Thomas should recuse himself because of his wife’s involvement with groups opposed to the health-care law.

But concerns about the job or personal views of a justice’s spouse are not the same as concerns that a justice may have been involved in a matter before it reached the high court.

Specifically, Justice Elena Kagan may have played a role in the development and defense of the president’s health-care law during her tenure as U.S. solicitor general. Despite claims from Obama administration officials that Kagan was not involved in the health-care discussions, e-mails released last month indicate that there may be more to the story.

[mojito]

Lamar Smith (R-TX)is chairman of the House Judiciary Committee.

I'm sure this fight will get nasty. I'm equally sure that Zero will not release any records, and that Kagan will not recuse herself.

[gimme1ibertee]

Come clean?? Really??
That ain't happening.
You get what they want to give you,on a need-to-know basis-and you know how that works.

[freekitty]

The people should be deciding this; not the courts.

[plsjr]

I'm sorry, but I don't see the two requirements for recusal as equal at all. Kagan was involved in its creation and passage and they're trying to force someone to constrain their spouse from fighting against what is almost universally recognized as unwise legislation (”We have to pass it to find out what's in it”).

I believe the white house thugs are gaming the system to eliminate on known vote against their usurpations.

[falcon99]

You can bet if this Administration denies something, then what is being denied is the truth. Also interesting is that only damocrats/socialists can be impartial even if they have been instrumental in support of a policy. However, if a conservative had a passing association with a policy, then he/she is unable to be impartial. Hypocrites

[MrB]

The title assumes a level of integrity not in evidence.

[MrB]

You can bet if this Administration denies something, then what is being denied is the truth.

Like this:
"I don’t want an America where my kids are living behind walls and gates"

[PoloSec]

“The White House needs to come clean”

Like that would ever happen!

[hellbender]

The White House needs to come clean

Barf. The wimpy Pubbies who threw softball questions at this Commie during her confirmation hearings and told people she was "qualified" are the ones who need to "come clean." The Left is doing what is is committed to doing: turning America into a Soviet state. The Pubbie dopes are only interested in the next election from their safe seats. Go to hell, Pubbie scum.

[mc5cents]

The title assumes a level of integrity not in evidence.

Now MrB don't go gettin' all legal on us. :-))

[mc5cents]

The Pubbie dopes

Na, they ain't dopes, they just be going along to get along. They's got a good thing going there in DC and we's don't want to go messing with that, now do we?