BREAKING: Did SC Justice Kagan Help Prepare Legal Defense for Obamacare?


This situation is still unfolding as this is written, so I’m keeping this to just the facts as they stand.

Washington, DC — May 18, 2011

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has obtained documents suggesting Supreme Court Justice Elena Kagan helped coordinate the Obama administration’s legal defense of the Affordable Care Act (also known as Obamacare) while she served as Solicitor General. 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.

Apparently, several emails went back and forth between Elena Kagan and Neal Katyal, former Deputy Solicitor General (and current Acting Solicitor General) to Brian Hauck, Senior Counsel to Associate Attorney General Thomas Perrel.

The following is an excerpt of an email message sent on Jan. 8,2010:

Subject: Re: Health Care Defense:

Brian, Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues…we will bring in Elena as needed. [The “set of issues” refers to another email calling for assembling a group to figure out “how to defend against the…health care proposals that are pending.”]

Judicial Watch proceeds to provide excerpts of other emails as well.

Kagan hasn’t recused herself from any actions involving Obamacare, including the decision to prevent “fast tracking” the legislation through SCOTUS.

Will she recuse herself if when the final SCOTUS hearing of Obamacare takes place???

Available information provided at the link above.

h/t: Hot Air


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May 18, 2011 11:17 pm

No, she will not recuse herself.

May 19, 2011 6:21 am

Public opinion or even fact may not help here. LH. The appellants can ask that Kagan recuse herself, then lay the facts before the other members. But I’m not sure if the rules would allow them to recuse her. I do think it would have a chilling effect on the comity of the Court to have a known liar sitting in their midst.

E Pluribus Unum
May 19, 2011 9:18 pm

When we get the Senate back, and have some leader other than M*tch the B*tch McSellout, we can impeach her candy ass for lying to the Senate.

May 19, 2011 11:41 pm