Posted on 11/14/2011 8:45:15 AM PST by Qbert
The Justice Department must disclose all documents relating to any work Supreme Court Justice Elena Kagan may have been involved in regarding the formulation of the legal defense for President Barack Obama’s signature health care law so a fair assessment of whether she should step aside from the case can be made, Sen. Mike Lee, R-Utah, said.
Lee’s comments came in a question and answer session following his speech to the Federalist Society’s National Lawyers Convention. Before ascending to the Supreme Court, Kagan had served as the nation’s solicitor general, responsible for representing the federal government before the Supreme Court. The office had worked on strategy for defending Obamacare, but Kagan has maintained she did not play any substantial role and should not remove herself from considering the case should in come before the high court.
“I haven’t seen enough to be able to make that assessment,” Lee said when asked if she should recuse herself. “I think it is a legitimate question that is why I asked Attorney General (Eric) Holder whether he intends to comply fully with the requests for documents submitted by the House Judiciary Committee a week ago today.
“I think this is immensely important because as you know Justice Kagan served as solicitor general prior to going on to the Supreme Court and the solicitor general is responsible not just for handling litigation in which the United States is a party before the Supreme Court but also in managing the federal government’s efforts in all appellate litigation everywhere and frequently the solicitor general is brought in to consult on issues that are either pending in lower courts or in some cases even litigation that is contemplated but not yet field. So I think it’s important that the attorney general respond to this.”
(Excerpt) Read more at newsmax.com ...
Does anyone else in the party have the guts to join Sen Lee?
I agree.
This might be big, because if she recuses herself and Kennedy decides he wants to do a reach around to the other side causing a 4-4 split, the lower court ruling is upheld. If we won the USCOA ruling, then Kagan’s recusal almost guarantees Obamacare will be overturned, unless Roberts, Scalia, Alito, or Thomas does something unusual.
The chances of Obama’s lapdog Holder giving up that information freely are slim to none, probably closer to none.
Kudos to Sen. Lee, lets hope he presses this with Holder and doesn’t give up.
EXACTLY!!! So sick of hearing the left whine Justice Thomas should recuse himself because of his wife’s opinions!!!
Yep. Certainly seems like a strong violation here (and she’s already had to recuse herself from 28 other cases):
“Rule 1.2 of the American Bar Association Code of Judicial Conduct provides that “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
Federal law mandates that a justice “shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned” or “(w)here he has served in governmental employment and in such capacity participated as counsel [or] adviser ... concerning the proceedings ...
Prior to her appointment to the Supreme Court, Kagan served as President Obama’s solicitor general. The solicitor general is the person appointed to represent the federal government before the Supreme Court. Emails obtained by Investor’s Business Daily reveal that on Jan. 8, 2010, five months before her nomination to the highest court, Kagan’s deputies began putting together a group “to defend against inevitable challenges” to Obamacare. The same day, former Deputy Solicitor General/now-acting Solicitor General Neal Katyal emailed Associate Attorney General Brian Hauck: “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.” Later the same day, Katyal emailed Hauck: “Absolutely right on. Let’s crush them. I’ll speak with Elena and designate someone.” Kagan personally assigned her top deputy to handle the Obamacare issue. “You should do it,” she emailed Katyal...”
http://www.hattiesburgamerican.com/article/20111110/OPINION/111100307/Will-Kagan-recuse-herself-
Now that it has been announced that the case will be heard in March, the left only has about 6 months to force Clarence Thomas to recuse himself. Look for all kinds of nasty charges against him. By the time the left is done with Thomas he will appear to be worse than Jerry Sansusky.
There sure seems to be a lot of 'walls' in the Dept. of Justice these days. Just like the 'wall' that kept Holder from knowing anything about Fast & Furious. /s
He is such a liar.
bump
Duh, Kagan must recuse. She should also consider leaving altogether, she never was qualified nor law centric. She’s a legislate from the bench violator.
Slim to none and Slim left town.
“Holder said that in conversations over the constitutionally of ObamaCare, Kagan was asked to leave the room.”
Not only does the timing appear off, being asked to leave the room, doesn’t mean she necessarily left the room. Kinda like what the definition of “is” is.
It wouldn’t surprise me at all to see Kagan force a constitutional crisis, of sorts, in the Supreme Court over her refusal to recuse herself for Obamacare. She is the first Marxist activist to make it onto the Supreme Court, and she probably has it in her playbook to act like one.
Recuse or remove...
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