To be blunt, she was a cheerleader for it! There is no way in Hell she should be ruling on this
we already know Elena Kagan huddled with the White House to help craft the legal defense for Obamacare just five months prior to being sworn in as a Supreme Court justice.
A case for recusal doesn’t get much more clear-cut than this. Don’t hold your breath though waiting for Kagan to recuse herself when the Obamacare challenge lands in the Supreme Court; this is exactly why Obama nominated her.
(CNSNews.com) – 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.
The Justice Department released a new batch of emails on Wednesday evening as its latest response to Freedom of Information Act requests filed by CNSNews.com and Judicial Watch. Both organizations filed federal lawsuits against DOJ after the department did not initially respond to the requests. CNSNews.com originally filed its FOIA request on May 25, 2010–before Elena Kagan’s June 2010 Supreme Court confirmation hearings.
It is a joke that this Neo-Marxist was even considered for the highest court, but if she chooses NOT recusing herself? But do not be surprised if she does not recuse herself, I do not believe that she has any respect for our Constitution.