Ed Morrissey
HotAir.com
7/1/2011
Did Elena Kagan mislead the Senate Judiciary Committee during her confirmation hearing when answering questions about her level of involvement in ObamaCare? Forty-nine House members have signed a letter to the House Judiciary Committee demanding an investigation of that question, as new documents suggest that the now-Supreme Court Justice helped the Obama administration craft legal defenses for the law. The signatories argue that this should require Kagan to recuse herself from considering the appeals that will likely arrive at the Supreme Court from three different appellate circuits…
…It doesn’t appear that Kagan was as hermetically sealed from the ObamaCare defense as she previously indicated. The letter wants to press Kagan to recuse herself, based on federal law:
“As you know,” the wrote, “Section 455 of Title 28 of the United States Code establishes unambiguous conditions in which federal judges must recuse themselves from proceedings in which their impartiality might reasonably be questioned,” the lawmakers wrote. “According to the law, a justice should recuse themselves in cases ‘where he has served in governmental employment and in such capacity served as counsel, adviser or material witness concerning the proceedings or expressed an opinion concerning the merits of the particular case in controversy.’
“Even from the limited number of DOJ emails released to date through a Freedom of Information Act lawsuit, it is evident that Justice Kagan was involved in PPACA defense activities to a degree that warrants her disqualifications from related proceedings as specified by Section 455,” the lawmakers said…
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