Kagan Impartiality Questioned
In light of the numerous challenges to the Patient Protection and Affordable Care
Act (PPACA), aka Obamacare, it seems increasingly likely that the US Supreme Court will be the tribunal that will finally decide on the constitutionality of the law in the near future.
When that time comes, it appears that Justice Elena Kagan may be required to recuse herself from the deliberations of the highest court of the land.
Recently released Department of Justice documents that were released through a Freedom of Information Act lawsuit, indicate that Elena Kagan, while Solicitor General was far more actively involved in the preparation of the Obama administration’s defense of PPACA than previously thought. The Justice Department has been less than cooperative in the release of emails and other relevant documents but those thus far released are troubling.
Kagan was also far more prominent in the formulation of that defense than she testified before the Senate Judiciary Committee than previously thought.
On June 24, 2011, forty-nine (49) members of Congress signed a letter to Chairman Lamar Smith (R-TX) and Ranking Democratic Member John Conyers, Jr. (D-MI) of the House Judiciary Committee to conduct a formal investigation into the extent of Elena Kagan’s involvement in the defense of PPACA while Solicitor General and the implications should this matter be taken up by the US Supreme Court.
In its closing paragraph the letter states that “Congress, and the American people, deserve to have confidence in the integrity and impartiality of our Supreme Court and its justices.”
Well said.
