12/16/2011

Kagan “substantially participated” In Case Related To ObamaCare

Posted by Brian
H/T to Mark Levin

With this information, there should now be no doubt as to Elena Kagan's involvement in providing legal counsel and opinion as Solicitor General in the run up to passage of ObamaCare.  That she should recuse herself from this case should no longer be a debate.


DOJ Memo: Solicitor General Kagan ‘Substantially Participated’ in Obamacare-Related Case




(CNSNews.com) - On Jan. 13, 2010, the Republicans on the Senate Judiciary Committee sent then-Solicitor General Elena Kagan a series of written questions examining the issue of how she would handle recusing herself from cases she might have been involved in as solicitor general if she were confirmed to the Supreme Court.

"Notably, we are concerned about the standard you would use to decide whether to recuse yourself from litigation you participated in as Solicitor General," the senators wrote. "In particular, we are concerned about litigation that was clearly anticipated, but had not yet ... reached the point where your approval was sought for filings or pleadings."

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