Kagan’s Sworn Statements during Senate Confirmation Questioned

House Probing Kagan’s Link to Obamacare

Newsmax (by Jim Meyers):  The House Judiciary Committee is launching a probe into Supreme Court Justice Elena Kagan’s prior involvement with healthcare reform legislation that could determine she must recuse herself from future high court deliberations on Obamacare.

When President Barack Obama signed the healthcare bill into law, Kagan was still serving as his solicitor general and was responsible for defending the administration’s position in federal court cases.

In one series of email exchanges between Kagan and staffers, her top deputy says about legal challengers to Obamacare: “Let’s crush them.”

A federal law prohibits a Supreme Court justice from judging a case if while in previous government service he or she served as counsel or adviser on the case or expressed an opinion about its merits, CNS News reported.

During Kagan’s confirmation hearings in the Senate Judiciary Committee, which began on June 28, 2010, Republicans asked her if she had ever been “asked about your opinion regarding the underlying legal or constitutional issues related to any proposed healthcare legislation … or the underlying legal or constitutional issues related to potential litigation resulting from such legislation.” They also asked her whether she had “ever offered any views or comments” on those subjects.

Kagan answered both questions: “No.”


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