Elena Kagan: The ObamaCare Recusal That Wasn't

When the U.S. Supreme Court releases its decision on the fate of the Patient Protection and Affordable Care Act, Justice Elena Kagan will cast a vote that should not have been counted.  The relevant rule requires that Supreme Court justices recuse themselves if in their previous capacity they served as "counselor or advisor" concerning a current matter before the Court, or if there is anything about the proceeding by which the justice's impartiality can reasonably be called into question. E-mails released to Judicial Watch revealed that when in 2010 Obamacare passed and Ms. Kagan was solicitor general, Ms. Kagan viewed the passage as "simply amazing" and that she assigned a deputy in her office to help prepare legal defenses to any challenges to ObamaCare.  When in another e-mail she was asked for her opinion on a meeting to discuss legal defenses to ObamaCare, Ms. Kagan replied, "what is your phone number?," indicating either that she had too long-winded a response or that...(Read Full Article)

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