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Judicial Watch Asks Supreme Court Justice Elena Kagan to Directly Address Obamacare Recusal...
Judicial Watch ^ | March 22, 2012

Posted on 03/22/2012 3:20:06 PM PDT by jazusamo

Complete title: Judicial Watch Asks Supreme Court Justice Elena Kagan to Directly Address Obamacare Recusal Controversy

(Washington, DC) — Judicial Watch, the nation’s largest government watchdog group, today sent a letter asking Supreme Court Justice Elena Kagan to address the facts surrounding her tenure as Solicitor General and the enactment and subsequent legal defense of the PPACA (Patient Protection and Affordable Care Act), as well as to provide an articulation of her reasoning behind any decision regarding recusal.

Emails previously obtained by Judicial Watch suggest that, during Justice Kagan’s tenure as Solicitor General, the Office of the Solicitor General had been more involved in the legal defense of the PPACA than had previously been disclosed. Late last year, another set of records were produced that included an email showing what appeared to be then-Solicitor General Kagan’s excitement and support for the passage of the PPACA.

In the letter, Mr. Fitton notes, “The failure of the Justice department to produce requested records in a timely manner, the dribbling out of requested records over time, the redaction and withholding of other records, and the refusal to respond to requests for records and information from several members of Congress have contributed to the substantial impression that additional details about your tenure as Solicitor General and the enactment and subsequent legal defense of the PPACA are being withheld from the American people. However, [as] the Court ultimately rules on the various legal challenges to the PPACA, it would be extraordinarily unfortunate if the Court’s decision were overshadowed by controversy over your participation in the matter. It would leave a cloud hanging over the Court’s decision and could undermine public confidence in the impartiality and integrity of the Court as an institution.”

The letter states, “Judicial Watch is not calling on you to recuse yourself from the PPACA litigation at this time, just as Judicial Watch did not call on Justice Scalia to recuse himself from the litigation involving the National Energy Policy Development Group (‘NEPDG’) – to which Judicial Watch was a party – in 2004. When a controversy arose during the course of the NEPDG litigation over whether Justice Scalia should recuse himself from that matter, Justice Scalia issued an opinion stating: ‘The decision whether a judge’s impartiality can ‘reasonably be questioned’ is to be made in light of the facts as they existed, and not as they were surmised or reported.” Justice Scalia then provided a comprehensive recitation of the facts ‘as they existed,’ not as they were ‘surmised or reported,’ and an articulation of the reasoning behind his decision not to recuse himself.”

Mr. Fitton further notes, “During your confirmation process, you wrote that you would ‘consider carefully the recusal practices of current and past Justices’ as well as consult with your colleagues if questions about recusal in particular cases arose. Judicial Watch believes that it would be of substantial benefit to the Court’s consideration of the legal challenges to the PPACA if, like Justice Scalia in the NEPDG matter, you were to address the facts surrounding your tenure as Solicitor General and the enactment and subsequent legal defense of the PPACA as they ‘existed,’ not as they are being ‘surmised or reported,’ as well as provide an articulation of your reasoning behind any decision regarding recusal.”

Justice Kagan has said that she was not “substantially” involved in the DOJ discussions regarding Obamacare’s constitutional or litigation issues. The White House, despite repeated inquiries, has refused to confirm to Judicial Watch that Justice Kagan was “walled off” from Obamacare defense discussions while at the Department of Justice (DOJ).

The Judicial Watch letter also references is the lack of cooperation by the DOJ in responding to Freedom of Information Act (FOIA) requests previously submitted by Judicial Watch for records pertaining to Justice Kagan and the PPACA.

On February 21, 2012, Judicial Watch filed another FOIA lawsuit against the DOJ, seeking access to calendars, schedules, and phone logs for Justice Kagan and her deputies inside the Solicitor General’s office.

“We hope that Justice Kagan will give serious consideration to addressing this recusal controversy, so as to provide greater transparency and increase public confidence in the impartiality and integrity of the Supreme Court,” stated Judicial Watch President Tom Fitton.


TOPICS: News/Current Events
KEYWORDS: kagan; obamacare; recusal; scotus
I doubt they'll get a word out of Justice Kagan but they're at least trying.
1 posted on 03/22/2012 3:20:13 PM PDT by jazusamo
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To: jazusamo
I doubt they'll get a word out of Justice Kagan but they're at least trying.

Your probably right, he looks like one stout fellow!

2 posted on 03/22/2012 3:24:46 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: jazusamo

In 25 years as a Prosecutor I only had a judge recuse themselves one time and that was because they were neighbors with one of the witnesses.

NO chance of any recusal.


3 posted on 03/22/2012 3:25:47 PM PDT by RIghtwardHo
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To: DaveyB

Did I write stout fellow? I meant Lou Costello!


4 posted on 03/22/2012 3:27:15 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: RIghtwardHo

Agreed, no way she’ll recuse herself.


5 posted on 03/22/2012 3:28:36 PM PDT by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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To: DaveyB

How about both. lol


6 posted on 03/22/2012 3:29:28 PM PDT by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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To: jazusamo
I don't think that any liberal feels a fealty to the practices and customs of the power position that they hold.

Having attained her seat on the Supreme Court, I don't expect Kagan to follow the example of Scalia, or anyone else.

-PJ

7 posted on 03/22/2012 3:31:17 PM PDT by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Political Junkie Too

Kagan withheld information about his role with the PPACA in order to become a USSC justice - I don’t expect he will start playing by the rules now.


8 posted on 03/22/2012 3:36:44 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: DaveyB

(S)he looks more like Doug Heffernan (King of Queens)


9 posted on 03/22/2012 3:39:09 PM PDT by hattend (Jesus wants me to make churches pay for abortions. - Barack Obama)
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To: jazusamo

I guess someone needs to push the question but Tom knows (hopefully) that she was put on the court for these specific reasons. The chance of her recusal is the same as no sun tomorrow.


10 posted on 03/22/2012 3:39:10 PM PDT by Digger (If RINO is your selection then failure is your election)
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To: DaveyB

he?


11 posted on 03/22/2012 3:40:41 PM PDT by pollywog ("O Thou who changest not, abide with me.".......)
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To: DaveyB

he?


12 posted on 03/22/2012 3:41:04 PM PDT by pollywog ("O Thou who changest not, abide with me.".......)
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To: pollywog
Have you seen him?

That is a man in drag, the first transvestite to the court. Until someone goes under the robe, and I most certainly do not volunteer, to find out differently - I'm sticking with the masculine pronoun, because that is not feminine.

13 posted on 03/22/2012 3:48:26 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: DaveyB

That's Kevin James in drag.

14 posted on 03/22/2012 3:50:55 PM PDT by dfwgator (Don't wake up in a roadside ditch. Get rid of Romney.)
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To: DaveyB

lolol.....my wrong! chuckle


15 posted on 03/22/2012 3:58:24 PM PDT by pollywog ("O Thou who changest not, abide with me.".......)
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To: DaveyB

Might be a lousy Supreme Court justice, but his ‘Paul Blart’ movie was hysterical.


16 posted on 03/22/2012 3:59:26 PM PDT by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: dfwgator

Lou Costello - could have been twins separated at birth.

17 posted on 03/22/2012 3:59:25 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: who knows what evil?

“I Believe in Magic!”


18 posted on 03/22/2012 4:00:19 PM PDT by dfwgator (Don't wake up in a roadside ditch. Get rid of Romney.)
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To: DaveyB


"Bloody hell! It's like he's not even trying!"
19 posted on 03/22/2012 4:09:22 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: DaveyB

Dang-it.. there is another actor who is on the tip of my tongue.. image in my head that is almost an exact match.. just can’t remember then name.. been searching for about 15 minutes now.. was an 80’s actor.. not Rob Lowe (close).. not Judd Nelson (still close).. was another coke head washout.. dang-it... Hmm.. name Morton Downy keeps popping into my head, for some reason..


20 posted on 03/22/2012 4:11:19 PM PDT by Bikkuri
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To: jazusamo


21 posted on 03/22/2012 4:14:22 PM PDT by Old Sarge (RIP FReeper Skyraider (1930-2011) - You Are Missed)
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To: Old Sarge

If she recuses herself, Barry would just re-appoint her or someone worse.


22 posted on 03/22/2012 4:17:05 PM PDT by freebird5850 (Of course Obama loves his country...it's just that Newt loves mine!)
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To: Old Sarge

Bump to truth!


23 posted on 03/22/2012 4:18:01 PM PDT by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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To: freebird5850
If she recuses herself, Barry would just re-appoint her or someone worse.

LOL!!....That can't happen.

24 posted on 03/22/2012 4:19:58 PM PDT by Osage Orange (The MSM is the most dangerous entity in the United States of America.)
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To: jazusamo
This is the letter that should have been sent by Republicans in Congress,but they are too weak, timid and compromised by the FBI files that Ms. Clinton filched.
TWB
25 posted on 03/22/2012 4:25:11 PM PDT by TWhiteBear (Sarah Palin...The Flame of the North)
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To: DaveyB
Lol.. not getting senile yet.. ROBERT DOWNY Jr.:









It's the eyes ;)
26 posted on 03/22/2012 4:26:37 PM PDT by Bikkuri
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To: Bikkuri

Darnit! Now every time I Robert Downey Jr., I;m going to think of Elena Kagan!


27 posted on 03/22/2012 4:34:45 PM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: RIghtwardHo

I don’t disagree with your conclusion, but I can add that, in my 22 years doing mostly civil litigation, I have probably seen 15 to 20 recusals. Typically, the judges in our area are selected from practicing attorneys in the county (I suppose this is not unlike other states). Since these judges had been practicing attorneys for 15 or 20 years before going on the bench, they would be bound to come across litigants or witnesses who were former clients or adversaries. In fact, one time the SOB who represented my first wife in our divorce became a judge and recused himself from some garden-variety motion I had filed.


28 posted on 03/22/2012 4:34:51 PM PDT by JewishRighter (Anybody but Hussein)
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To: Hoosier-Daddy

lol :)


29 posted on 03/22/2012 4:35:42 PM PDT by Bikkuri
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To: Bikkuri

Kagan is no Sherlock Holmes nor is he an Iron man, but a stark raving liberal on the bench.


30 posted on 03/22/2012 4:35:48 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: jazusamo

Now that JW is involved we can officially declare the beaten horse dead. It’s the legal equivalent of a shark being jumped. Aaaayyy, Fonzie!


31 posted on 03/22/2012 4:36:32 PM PDT by Cyber Liberty (The only flaw is that America doesn't recognize Cyber's omniscience. -- sergeantdave)
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To: jazusamo

When the Senate confirmed her, it said in effect, “We trust your decision-making.” That included her decision whether or not to recuse herself.


32 posted on 03/22/2012 4:41:37 PM PDT by Hebrews 11:6 (Do you REALLY believe that (1) God IS, and (2) God IS GOOD?)
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To: DaveyB

That is an understatement:/ She is evil, pure and simple. And she, and her cohorts, are destroying our country and need to be stopped :/


33 posted on 03/22/2012 4:42:52 PM PDT by Bikkuri
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To: justiceseeker93; ExTexasRedhead

The attempt probably won’t work, but it’s a good try and it puts Kagain in an embarrassing position.


34 posted on 03/22/2012 4:52:48 PM PDT by Clintonfatigued (A chameleon belongs in a pet store, not the White House)
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