Should Justice Elena Kagan recuse herself from Supreme Court ‘Obamacare‘ Decision?

Should Justice Elena Kagan recuse herself from Supreme Court ‘Obamacare‘ Decision?

Elena Kagan’s Previous Involvement in ‘Obamacare’

From the Judicial Watch web page

Last Updated: March 08, 2012


Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the Obama Department of Justice (DOJ) to obtain documents detailing Supreme Court Justice Elena Kagan’s participation in discussions related to the Patient Protection and Affordable Care Act of March 23, 2010, also known as Obamacare, while she served as U.S. Solicitor General to determine if she will have a conflict of interest if the constitutionality of the “individual mandate” in President Obama’s health care reform ends up before the U.S. Supreme Court.

Because of similar litigation filed by the Media Research Center, this case was consolidated with Media Research Center v. U.S. Department of Justice (No. 10-2013) on April 22, 2011.

Official Legal Documents

  • Documents that provide additional information about Supreme Court Justice Elena Kagan and the Affordable Care Act (also known as Obamacare) while she served as solicitor general.
  • Documents regarding a White House effort to deny New York Times education reporter Sharon Otterman access to Supreme Court nominee Elena Kagan’s brother Irving, who currently teaches at the New York school.

Let the above facts speak for themselves.  (res ipsa loquitur)



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