White House Ignores Questions About Justice Kagan’s Support For Obamacare

Elena Kagan was questioned closely about her involvement, as counsel for the White House, in the passage of Obamacare and the subsequent preparations for legal challenges to the legislation in court. But since her confirmation hearings new emails have come to light illustrating Kagan’s clear bias in the matter.

Yesterday White House spokesman Jay Carney was asked about the emails, and tried to pretend like they don’t exist:

When asked about news reports concerning whether Kagan should recuse from judging the challenge to Obamacare, Carney said on Monday, “These issues were raised, just a year ago, in an expansive confirmation hearing. And those questions were questions were asked and answered both in the hearing itself and in written questions that were responded to in writing. It’s a mystery to me how this can suddenly be an issue a year later and they want to revisit what they just visited not that long ago.”

CNSNews.com then asked Carney, “Several e-mails have raised the issue on that?”

Carney responded, “Again, as I just said, all this stuff was examined, all of it was–questions were asked. She answered it and she responded in writing to this.”

CNSNews.com further said, “But the information that recently came out was not available–”

Carney interrupted, “It sure sounds like a political thing to revisit it a year later.”

CNSNews.com followed up: “But the information in the e-mails was not available during the confirmation.”

Carney did not respond and moved to another topic.

Keep in mind that it was the Obama administration itself which delayed the release of the emails in question. They weren’t released during Kagan’s confirmation hearings. Rather, groups like Judicial Watch and the Media Research Center had to sue the Obama administration to get their release.

Now we have the emails, but the Obama administration doesn’t want to acknowledge them.

Meanwhile, Justice Kagan is set to rule on the legality of Obamacare on the high court.

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  • Vlad

    The e-mails did not show that she worked on crafting or defending he bill.  Absent that there is no case for recusal.

    You don’t think that Thomas or Scalia has an opinion on the bill?

    • 2hotel9

      Kagan is the lawyer, working for the Obama Admin, who structured the legal implementation of Obamacare, for which she was rewarded with nomination to the Supreme Court of the United States. So, yes, she should be recused. Thomas had no role in formulating either Obamacare or any opposition to it. So, no, he should not be recused. Same for Scalia.

      Kagan was directly, professionally, involved in the structuring of, and creating the legal strictures to be used in implementing, Obamacare. Period. Full stop.

  • SigFan

    Of course she should recuse herself – and of course she won’t.  And the leftists and their media apologists will give her full cover the whole time.  And they will howl if Thomas doesn’t recuse himself, even though there is no compelling reason for him to do so.  Politics as usual.

    • Gern Blanston

      The howling about Thomas will be precisely becasue there is no compelling reason to do so – it just gives cover to Kagan, so the oblivious masses will say, “well, I supose it’s fair Kagan is allowed to rule since they’re letting Thomas go…” (that is if they know who Kagan or Thomas is)

  • Jamermorrow

    Won’t matter if she is there or not. The commerce clause has been ruled to allow just about any government interference in the economy. I don’t see the Supreme Court reversing this anytime soon. As long as it is related to commerce the Supreme Court will rubber stamp it.

  • Anonymous

    She will not recuse herself and neither will Thomas. I see at least the individual mandate being thrown out by the SC, but maybe not the whole thing. We are going to be hearing a loud screeching noise from our TV’s, radios, and computers when to tune to MSM.

    • Jamermorrow

      I think the whole thing will be ruled constitutional including the individual mandate. Pretty much anything is allowed under the commerce clause.

      • Anonymous

        Yes I know. I read your post, the one right above my own, and if I had been at all interested in digging any deeper into your reasoning I would have replied directly to it.

        • Hal337

          Jamer, the anarchist, likes to be wrong early and often and always as loud as he can be.  Give him a few drinks and he’ll tell you everything he knows in about 5 minutes.

          • Jamermorrow

            I guess we will find out who is wrong. I think Obamacare is unconstitutional but it don’t matter what I think. The Supreme Court allows just about anything under the commerce clause. Research the commerce clause rulings and you will have to agree.

          • Anonymous

            Unfortunately. the anarchist is probably right, the Supremes do not easily go against precedent, seeing it as almost etched in stone versus questioning earlier courts and those earlier courts have allowed a lot of constitutional abuse under the commerce clause. It was a weak point in the Constitution that the federal government and the courts have exploited for political ends. The anarchist was not arguing they would be right upholding any part of Obamacare, only that the record of the court hints strongly at only winking at it, offering half-assed opinions on parts of it, sending it back the lower courts and pretty much allowing it to be established and once established, impossible to change.

          • Jamermorrow

            Yep you nailed it.

          • Jamermorrow

            Although we don’t know how Roberts or Alito will go. Alito has been good so far but who knows. I think Scalia and Thomas will view it as unconstitutional. The rest will view it as constitutional. It will come down to Roberts and Alito for sure having strike it as unconstitutional. I think it will be a 5-4 decision or a 6-3 decision.

          • Anonymous

            I don’t think it will be that clean, it will be a messy decision, 5:4 for mandate, otherwise they know it all falls apart without the mandate. Then they will fart around like the feckless bunch they are and no one will be able to say how it will all roll out and if I am right, Obamcare holds up and is legislated for decades, meanwhile we suffer under Socialized National Healthcare.

            Roberts, Thomas, Scalia and Alito against, once again Justice Kennedy decides it all for America and he is weak-kneed and I think will flop on the side of approval,

          • Jamermorrow

            very likely

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