Kagan Celebrated the Passage of ObamaCare

by Stephan Tawney on November 12, 2011

Supreme Court Justice Elena Kagan, who will be reviewing the constitutionality of ObamaCare next year, celebrated the legislation’s passage back in March 2010, emails reveal. She served as Solicitor General during the time when the law passed, but she has insisted no recusal is necessary because she never expressed views on the law.

Yeah, well:

 On Sunday, March 21, 2010, the day the House of Representatives passed President Barack Obama’s Patient Protection and Affordable Care Act, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released late Wednesday to the Media Research Center, CNSNews.com’s parent organization, and to Judicial Watch.

“I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails.

She later took part in an email exchange on how to defend the law against constitutional challenges:

The subject line on the of Perrelli’s 6:11 p.m email was: “Health care litigation meeting.”

“It sounds like we can meet with some of the health care policy team tomorrow at 4 to help us prepare for litigation,” [Attorney General Tom] Perelli wrote in this email. “It has to be over there. Can folks send me the waves info (full name, SSN, DOB) of everyone that should attend as soon as possible? WH wants it tonight, if possible. I know we won’t get everyone’s in tonight.

“Also,” Perrelli continued, “we need to think about the key issues/question for the agenda. [Language redacted] tops my list, but I know there are others.”

At 6:18, Katyal forwarded this email to Kagan. “This is the first I’ve heard of this,” Katyal told Kagan. “I think you should go, no? I will, regardless, but feel like this is litigation of singular importance.”

One minute later—at 6:19 p.m.—Kagan responded to Katyal: “What’s your phone number?”

Three minutes after that, Katyal sent Kagan his phone number and the email chain ended.

Liberals are demanding Justice Clarence Thomas recuse himself because his wife doesn’t like the law. With Kagan we have a situation where the justice herself has expressed her political and constitutional approval of the law long before it’s even considered in court. Why should she not recuse herself?



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