This situation is still unfolding as this is written, so Iâ€™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 administrationâ€™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 â€œfast-trackâ€ for Supreme Court review Virginiaâ€™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 issuesâ€¦we will bring in Elena as needed. [The â€œset of issuesâ€ refers to another email calling for assembling a group to figure out â€œhow to defend against theâ€¦health care proposals that are pending.â€]
Judicial Watch proceeds to provide excerpts of other emails as well.
Kagan hasnâ€™t recused herself from any actions involving Obamacare, including the decision to prevent â€œfast trackingâ€ 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