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Obamacare Litigation: More “Golden” Reasons why Justice Kagan needed to recuse herself and makes a good candidate for impeachment

The Heritage Foundation

Hans von Spakovsky

Comment by Jim Campbell

By refusing to recuse herself, Supreme Court Justice Elena (Lorena) Kagan has made a mockery of separation of powers.  She was put on the court with the help of her RINO lap dog Lindsey Graham who promised to block a filibuster of her nomination. 

Graham will be gone in 2016 let’s plan on impeaching Kagan regardless of the courts decision due Thursday.

That’s my story and I’m sticking to it, I’m J.C. and I approve this message.

An internal memorandum from the Office of the Solicitor General (OSG) reveals that Justice Elena Kagan “substantially participated” in a health care case in San Francisco in which the Justice Department argued over the effect of the Patient Protection and Affordable Care Act (PPACA). This raises grave new doubts about the appropriateness of Kagan’s participation as a justice in the Obamacare lawsuit scheduled to be heard by the Supreme Court in March.

Whatdaya mean I can’t be impartial because I planned for the defense of Obama Care at the Supreme Court level and I’m a Marxist?

There has been a lot of debate over Kagan’s direct involvement in defending the PPACA while she was still the Solicitor General. Despite emails showing her initial involvement in formulating DOJ strategy to defend the legislation, Kagan has claimed that she had no “substantial involvement” (even though that is not the applicable standard). Attorney General Eric Holder claims Kagan was “walled off” from the case while her Supreme Court nomination was pending.

By May 2010, emails show that Kagan was well aware of the possible conflict, writing that the OSG’s message pertaining to her involvement in the matter “needs to be coordinated.”

When asked if his superior had played a role in consultations about defending the law, Neal Katyal, her deputy, wrote: “No, she has never been involved with any of it.” But email traffic suggests that far from being completely “walled off” from the process, Kagan did indeed participate in efforts to defend the PPACA.

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