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Sen. Lee: Justice Must Disclose Kagan-Obamacare
Newsmax ^ | 12 Nov 2011 | Henry J. Reske

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 ...


TOPICS: Front Page News; News/Current Events; US: Utah
KEYWORDS: bhohealthcare; democrats; healthcare; kagan; liberals; mikelee; obama; obamacare; recusal; scotus
"Lee said that Holder, in response, maintained that Kagen has been “walled off” from the issue and it’s not a problem. Lee said he then told him, “If that’s the case Mr. Holder I’m sure you will feel very comfortable responding to our request for documents.”
1 posted on 11/14/2011 8:45:16 AM PST by Qbert
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To: Qbert
I'm glad someone brought it up.

Does anyone else in the party have the guts to join Sen Lee?

2 posted on 11/14/2011 8:46:43 AM PST by skeeter
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To: Qbert

I agree.


3 posted on 11/14/2011 8:48:58 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Qbert

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.


4 posted on 11/14/2011 8:53:36 AM PST by parksstp (Articulate Conservatives look for Converts. RINO's look for Democrat Heretics.)
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To: Qbert

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.


5 posted on 11/14/2011 8:58:59 AM PST by jazusamo (The real minimum wage is zero: Thomas Sowell)
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To: skeeter; All

EXACTLY!!! So sick of hearing the left whine Justice Thomas should recuse himself because of his wife’s opinions!!!


6 posted on 11/14/2011 9:00:11 AM PST by God luvs America (63.5million pay no federal income tax then vote demoKrat)
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To: freekitty

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-


7 posted on 11/14/2011 9:02:01 AM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: Qbert

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.


8 posted on 11/14/2011 9:02:42 AM PST by NRG1973
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To: Qbert
"Lee said that Holder, in response, maintained that Kagen has been “walled off” from the issue and it’s not a problem. Lee said he then told him, “If that’s the case Mr. Holder I’m sure you will feel very comfortable responding to our request for documents.”

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.

9 posted on 11/14/2011 9:04:32 AM PST by kcvl
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To: Qbert

bump


10 posted on 11/14/2011 9:07:33 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: Qbert

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.


11 posted on 11/14/2011 9:16:07 AM PST by veracious
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To: jazusamo
"The chances of Obama’s lapdog Holder giving up that information freely are slim to none, probably closer to none."

Slim to none and Slim left town.

12 posted on 11/14/2011 9:23:12 AM PST by Truth29
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To: Qbert
I watching the Holder Hearing last week also....this question was brought up..
Holder said that in conversations over the constitutionally of ObamaCare, Kagan was asked to leave the room.
Not one Repub asked why she would be asked to leave when she wasn't even considered for the USSC at that time ..
They just set it up for Kagan to sit in ...
13 posted on 11/14/2011 9:54:07 AM PST by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: Robe

“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.


14 posted on 11/14/2011 10:12:02 AM PST by Avid Coug
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To: Robe

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.


15 posted on 11/14/2011 10:20:47 AM PST by Avid Coug
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To: Qbert

Recuse or remove...


16 posted on 11/14/2011 2:20:19 PM PST by Caipirabob ( Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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