I agree.
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-