Editorial
Investors Business Daily
11/15/2011
Supreme Court: Should a justice who participated in ObamaCare’s creation recuse herself from the court’s review of that law? Of course. But then a nominee who lies in confirmation hearings shouldn’t be on the court anyway.
If Justice Elena Kagan were a person of character, she would sit out the Supreme Court’s hearing of the challenge to the Patient Protection and Affordable Care Act.
But during her confirmation hearings in June of last year, she indicated she would not. And since this Monday, when the court announced it would take the case, she has done nothing to suggest she will recuse herself after all. Nor has the court made any statement about her recusal, a convention it usually follows when a justice takes himself or herself off a case.
Here are the facts on Kagan: She was the administration’s solicitor general when ObamaCare became law last year. She has acknowledged that she was at a meeting in which state litigation against ObamaCare was discussed, though she said she was not involved in any legal responses concerning the states’ litigation.
We also know that Kagan enthusiastically supported ObamaCare. This is made clear in emails released last week by the Justice Department.
“I hear they have the votes, Larry!! Simply amazing,” Kagan wrote on the day ObamaCare passed the House in an email to Laurence Tribe, the Harvard law professor who was working at that time in the Obama Justice Department…
The editorial continues at Investors.com
