Elena Kagan MUST recuse herself or be disqualified from the Supreme Court case regarding the Patient Protection and Affordable Care Act (ObamaCare).
As Solicitor General, Kagan was involved in the deliberative process regarding the defense of ObamaCare. This gives her access to information that may be protected by legal privilege. This alone creates a conflict of interest, never mind the fact that she celebrated ObamaCare's passage in an email exchange, the day it passed, with a subject line “fingers and toes crossed today!” with Lawrence Tribe -- Clearly indicating that both Tribe and Kagan were discussing with great anticipation and support, the imminent passage of ObamaCare. Tribe, is a liberal Harvard law professor, and former teacher and mentor of Obama. Tribe was serving at that time in a specially created capacity in the Department of Justice called “Senior Counsel for Access to Justice.
Kagan e-mailed Tribe at 11:39 am “I hear they have the votes, Larry!! Simply amazing.” Exclamation points are hers.
Tribe replied late that afternoon “So health care is basically done! Remarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!” Exclamation point is his, seeming to show his glee about the fast-one they had just pulled on Stupak and other pro-life Democrats.
The Obama team managed to bury the evidence of this "smoking gun" for months. A thorough vetting of Kagan's role in ObamaCare could have forced her to pledge to recuse herself from this case in order to get confirmed.
Kagan -- as Solicitor General -- had a rooting interest in the passage of ObamaCare. She supported the bill and seemed joyful at the bill's passage. And as the Judicial Crisis Network (JCN) has carefully documented, Kagan engaged her department in the strategy to defend ObamaCare in court “before [ObamaCare] had even been signed into law.” JCN also tracks how Kagan was involved in the “deliberative process” for her office’s legal defense of ObamaCare.
It is clear that Kagan's "impartiality might REASONABLY be questioned," because of her PERSONAL investment in the deliberative process of crafting a defense for ObamaCare, and therefore, per federal law, she must be disqualified from this case.
That is how we the people are guaranteed an impartial deliberation by the Supreme Court, of the Constitutionality of the laws of our country, America.
UPDATE: Fax re-sent to ALL recipients 3/27/2012
UPDATE: Fax re-sent to ALL recipients 3/30/2012
UPDATE: Fax re-sent to ALL recipients 4/1/2012
UPDATE: Fax re-sent to ALL recipients 4/9/2012
UPDATE: Fax re-sent to ALL recipients 4/14/2012
This fax was sent to POTUS, Gov. Christie, GOP Candidates Gingrich, Romney, Santorum, Paul, Senators Issa, Cornyn, Hutchinson, Rubio, Snowe, McConnell, Reid, Feinstein, Reed, Murray, Boxer, Tester, Kyl, Representatives Boehner, Cantor, Ryan, DeMint, Poe, Rand Paul, Levin, Pelosi, New first-term House Republicans West, Berg, Noem, Crawford, Gosar, Benishek, Nunnelee, Guinta, McKinley, Griffin, Huizenga, Ellmers, Rigell, Womack, Runyan, Heck, Kelly, Herrera, Gardner, Palazzo, Nugent, Lankford, McCarthy, and various Conservative and Liberal media outlets.