The Case For Kagan’s Recusal In Obamacare Case Gets Stronger And Stronger

Sen. Jeff Sessions of Alabama, a senior Republican on the Senate Judiciary Committee, is demanding that Attorney General Eric Holder provide the committee with written testimony related to Supreme Court Justice Elena Kagan’s possible involvement in President Barack Obama’s health-care legislation or litigation that was filed against that legislation during the time she was solicitor general.

A federal law, 28 USC 455, says that a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned” or anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”

During Kagan’s 2010 confirmation process, Sen. Sessions and other Judiciary Committee Republicans asked Kagan two questions in writing about whether she had ever been asked or had ever offered her views “regarding the underlying legal or constitutional issues related to any proposed health care legislation” or “potential litigation resulting from such legislation?” Kagan’s response to both questions was: “No.”



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