Government

Judiciary Committee Probes Justice Kagan‘s Role in Obamacare at GOP’s Request

The House Judiciary Committee has launched an inquiry into Associate Supreme Court Justice Elena Kagan’s involvement in the health care overhaul at the request of 49 Republican House members.

The probe will examine whether Kagan, who served as President Barack Obama’s solicitor general prior to her Supreme Court nomination, will be required to recuse herself for cases challenging the health care law, and the accuracy of her answers to the Senate Judiciary Committee during her confirmation hearings last July, CNS News reported.

In a letter to Attorney General Eric Holder on Wednesday, House Judiciary Chair Lamar Smith (R-Texas) requested “relevant documents and witness interviews in order to properly understand U.S. Supreme Court Associate Justice Elena Kagan’s involvement in health care legislation or litigation while serving as United States Solicitor General.” Smith requested they be made available by July 29.

Federal law bars Supreme Court justices from being involved in cases where their impartiality could be questioned or they previously served in an advisory capacity related to the case at hand.

Rep. John Fleming (R-La.) led 48 of his Republican colleagues in a letter to Smith and House Judiciary Committee ranking member John Conyers (D-Mich.) on June 24, pointing to statements made during her hearings the House members called “contradictory” to released Justice Department documents and urging an investigation.

Kagan said in written responses to the Senate Judiciary Committee that she had no involvement in developing the government’s legal responses to the health care law and was never asked her views or offered them, according to the Washington Times.

Fleming issued a statement Thursday applauding Smith’s request to Holder:

“I am confident that this investigation will uncover even more evidence that Justice Kagan was involved in Obamacare defense activities, contrary to her Senate confirmation testimony. How can any reasonable person believe that Justice Kagan can be impartial on ANY Obamacare case if she was involved in formulating a defense of this destructive law?

Comments (125)

  • empiresentry
    Posted on July 7, 2011 at 3:19pm

    What has caught my eye in the last two days is the amount of whinning from people about how Thomas voted against the Citizen’s case since his wife gets so many free bribes from big business and foreign interests. I ask for proof and get none.
    Aparently, the Justice Kagan issue is the proof. “Quick! Look over there!” : another attempt to belittle someone else so that hopefully no one will pay attention.

    Report Post »  
    • bigfatslob
      Posted on July 18, 2011 at 12:00pm

      The two are completely different, Troll. Justice Thomas case involved his wife’s association. not his. Kagan, more than just her involvement w/ Obamacare, should involves PERJURY during her or rather, its
      confirmation process ! The timing should be about right so that when Kagan gets booted from the Supreme Court, Pres. Perry will get to appoint her replacement.

      Report Post » bigfatslob  
    • ohgoditsart
      Posted on July 19, 2011 at 1:40pm

      The proof of her lying to congress is right there in black and white. She should be treated like Martha Stewart, Barry Bonds, and now Clemens.

      Report Post »  
    • ghostsouls
      Posted on November 19, 2011 at 12:20pm

      http://wh.gov/jXm Please sign and spread the word about this petition so Kagan can be forced to recuse herself. This is a WH’s own petition site where they say with enough signatures, you will get an official response.

      Report Post » ghostsouls  
  • Whostolemypig
    Posted on July 7, 2011 at 3:17pm

    The supreme court, the white house and congress all need a big healthy enema.

    Report Post »  
  • flagbearer
    Posted on July 7, 2011 at 3:16pm

    How much longer will we Americans have to endure the treachery of this administration?

    Report Post »  
  • Gulf2Vet
    Posted on July 7, 2011 at 3:11pm

    Time for Obama to break out the shredders and white out. Too bad they can not impeach Kagan for lying before congress. But on the plus side this might be the Golden Egg of opportunity. If Kagan has to recuse herself then it would leave the court 4 conservative & 2 liberal.
    If she does have to recuse herself and all signs are pointing to yes, I guarantee the left will go after Judge Thomas to recuse himself because of his wife.

    Report Post »  
  • me85
    Posted on July 7, 2011 at 3:10pm

    http://wallbuilders.com/LIBissuesArticles.asp?id=1464
    Very interesting to read what the powers of the Judicial really have, and how the founding fathers viewed the subject. Top it off if you notice the Constitution Article 1 which describes congress is more lengthy compared to Article 3 which is one of the smallest of the branches, that means the Founders wanted Congress to have the most power then President then Judicial. Maybe that’s why Congress is number one. But hey, that’s just my opinion I could be wrong.

    Report Post » me85  
  • encinom
    Posted on July 7, 2011 at 3:10pm

    I take it that is not political and the will be also investigating Justice Thomas and his wife, both have recieved gifts and in the case of the wife work for lobby groups opposed to the Healthcare law.

    Federal law bars Supreme Court justices from being involved in cases where their impartiality could be questioned or they previously served in an advisory capacity related to the case at hand.

    You know the law says:

    Report Post »  
    • thomas
      Posted on July 7, 2011 at 11:06pm

      Can you PLEASE! learn to write properly.
      Sheesh what a maroon!!!!! Stupid parrot.

      Report Post » thomas  
  • hauschild
    Posted on July 7, 2011 at 3:10pm

    Kagan – more proof that my theory about liberals being unattractive is spot on.

    Report Post »  
  • heyjim55
    Posted on July 7, 2011 at 3:09pm

    Those paper shredders at the Justice Department and the White House must be running red hot by now, I am sure Kagans is running full time.

    Report Post »  
  • JOE
    Posted on July 7, 2011 at 3:08pm

    I dont think she belongs there were she is never mind be a lier would make it totally nuts ….Can they take her off the court if she is lieing or holder will cover her ass ………What is going on in this country right now with no one working is nuts ……………
    As for Obama care there isnt enough now for the ppl out there never mind the 40 mikkin that will abuse system which is abuse now by doctor due to being underpaid and billing all they can to cover rest the govt needs to revamp what we have and than the money will be there for all ……………

    Report Post » JOE  
  • Texas Hills Patriot
    Posted on July 7, 2011 at 3:08pm

    Now, if she was involved in any ObamaCare defense activities, wouldn’t that mean she lied to congress and therefore legal charges could be brought against her for perjury? Not really what you want from a SCOTUS justice.

    Report Post » Texas Hills Patriot  
  • Flotilla Hunter
    Posted on July 7, 2011 at 3:07pm

    Always thought something was wrong with Uncle Fester.

    Report Post »  
  • SavingtheRepublic.com
    Posted on July 7, 2011 at 3:07pm

    ^____^____^
    How far do they think they will get with Mr “Read the Bill” Conyers in the way? Kagan will not recuse herself and will argue that Thomas should recuse himself too. Im still in shock that she is a now a justice on SCOTUS! DC is corrupt to the core regardless of the actions of a few trying to make things right. Too many radicals in key positions that will torpedo moves like this. Because of that its why I say they ALL have to be removed from power.

    Its like dealing with cancer, you cannot allow any cancer cells to remain b/c of the risk of relapse. Not only will cancerous cells be removed/killed off in a surgical procedure but healthy cells in the surrounding affected area must go too. All current sitting politicians are cancerous to this nation and they MUST be removed. This patient, the USA, is on life support and no dose of antibiotics will make much of a difference! SavingtheRepublic.com

    Report Post » SavingtheRepublic.com  
  • Hisemiester
    Posted on July 7, 2011 at 3:04pm

    Justice Kagen is just one of Obamas Jokes. Another fat white woman under his foot. He and Michelle laugh themselves silly over these white whales under foot.

    Report Post »  
  • cheezwhiz
    Posted on July 7, 2011 at 3:04pm

    http://newsgroups.derkeiler.com/Archive/Alt/alt.politics.bush/2010-05/msg00183.html
    Investigate her also for her work FOR saudis AGAINST the 9-11 victims and their families.
    And how she was rewarded for that

    Report Post » cheezwhiz  
  • Ebbertron
    Posted on July 7, 2011 at 3:03pm

    they need to go after all of his appointees

    Report Post »  
  • floridaconservative
    Posted on July 7, 2011 at 3:03pm

    just another lying democrat. Impeach her and send her to jail

    Report Post »  
  • cntrlfrk
    Posted on July 7, 2011 at 3:02pm

    Good.

    Hope they eliminate this rubber stamp vote for Obamacare.

    Report Post » cntrlfrk  
  • I.Gaspar
    Posted on July 7, 2011 at 3:01pm

    It’s about *#%ing time somebody started doing their job.
    Nothing in this administration’s seedings of almost every aspect of government ever has to face the scrutiny conservatives have had to face.
    This groupie should never have been appointed, let alone vote on obamakillcare.

    Report Post »  
  • sWampy
    Posted on July 7, 2011 at 3:00pm

    The democrats will find nothing, they are crooks and never even attempt to make it look like they are investigating one of their own.

    Report Post »  
  • oldasdirt
    Posted on July 7, 2011 at 2:58pm

    It’s about time!

    Report Post » oldasdirt  
  • PrfctlyFrank
    Posted on July 7, 2011 at 2:58pm

    Just another obamaphant usurping justice in the name of, “justice.”

    Report Post » PrfctlyFrank  
  • Gonzo
    Posted on July 7, 2011 at 2:57pm

    When Obamacare comes to the S.C. you need to recuse yourself Elena. You should probably just concentrate on the “gay agenda” anyway…that’s why you were nominated in the first place.

    Report Post » Gonzo  
  • Snowleopard {gallery of cat folks}
    Posted on July 7, 2011 at 2:57pm

    DOJ Holder will find some excuse for not giving over the relevent information; he and Obama both are in need of impeachment, removal from office, and then prosecution for their crimes against the nation and for the illegal actions they have done in the affairs of foreign nations who are suppose to be allies.
    http://artinphoenix.com/gallery/grimm (new art added)

    Report Post » Snowleopard {gallery of cat folks}  
    • OneofMany
      Posted on July 7, 2011 at 7:57pm

      May not be long with the “gun runner” investigation! It probably came from Obama himself. The great thing about liberals (amoral people ) they turn on each other like animals when it’s about survival.

      Report Post » OneofMany  
    • maxtitan
      Posted on July 7, 2011 at 8:00pm

      I’m with you…

      Report Post » maxtitan  
    • MIBUGNU2
      Posted on July 7, 2011 at 10:11pm

      This Administration is coming apart like a cheap pinata !!!!!
      it had to happen..The whole thing is a Big Joke at our expence…

      Report Post » MIBUGNU2  
  • TRONINTHEMORNING
    Posted on July 7, 2011 at 2:57pm

    Very nice; turn on the lights for Obama’s pet rats..

    Report Post »  
    • GBMBulletsSKNRD
      Posted on July 7, 2011 at 3:25pm

      Go get em go get them all.

      Report Post »  
    • Mil Mom
      Posted on July 7, 2011 at 11:12pm

      RE : Very nice; turn on the lights for Obama’s pet rats..

      ****
      Do you mean those cute little curley-q lights. But if they break the rats may develop mercury poisoning?

      Report Post » Mil Mom  
  • Goodgriefgeezlouise
    Posted on July 7, 2011 at 2:53pm

    Burn her butt!…I hope they catch her good..

    Report Post »  
    • I support God's Israel!
      Posted on July 7, 2011 at 3:01pm

      In a court of law or in our Congress, they must PROVE that she did wrong. Personally, I do NOT like her, so I do hope they are able to prove their points, but after watching this administration dance and jump around the TRUTH, I doubt anything will come from this except sensationalism. This government and its administration just SICKENS ME. I can imagine what God is seeing since he cannot look upon sin, I will bet He cannot even look on our country as it is so sinful. BUT I DO KNOW ONE THING: God IS listening to HIS people’s (Christians) prayers daily and He answers them in HIS way and in HIS time. I have asked HIM to save America and our Constitution, if only 2 people are righteous – please save the country. I do believe He is moving throughout our land looking for those righteous people. ARE ONE OF THEM? ASK HIM.

      Report Post » I support God's Israel!  
    • thepatriotdave
      Posted on July 7, 2011 at 3:14pm

      “How can any reasonable person believe that Justice Kagan can be impartial…?”
      ============================================
      I love it when someone says the obvious. It guarantees a couple of things that I have come to expect in this screwed-up nation. One… progressives will take the opposite stand and say “of course she can be impartial” for no other reason than Justice Kagan has some sort liberal supernatural powers because she’s a fellow progressive with a barrel full of Obama magic pixie dust.
      Two… that most clear thinking Conservatives will agree with the opening statement because they use logic and good reasoning skills to determine between what’s right and wrong. And as we all know, we Conservatives are the crazy ones.
      All joking aside, I am no longer available for progressives to belittle. And how do I do that… by assuming that whatever comes out of a progressives mouth is a lie and is meant to further an ideology that has no place in America.

      Want a real leader in the White House? Then help us… http://www.AMillionGoWest.com

      Report Post » thepatriotdave  
    • fastfacts
      Posted on July 7, 2011 at 3:16pm

      If you remember Weiner was her biggest supporter to be in the court and decide on ObamCare…

      Now he is out and hopefully so will she.

      Everyone predicted its failure and now we are seeing it. Dr. Drew stands out in my mind of the largest opposition: http://tiny.cc/2kotg

      Report Post »  
    • MIBUGNU2
      Posted on July 7, 2011 at 9:54pm

      Call in Captain Ahab, “Thar She Blows”

      Report Post » MIBUGNU2  
    • fastfacts
      Posted on July 7, 2011 at 3:21pm

      Sorry I accidentally hit post.
      THIS NEEDS TO BE REPEALED AND REPLACED…

      Have you seen the ads that are out there pushing ObamaCare, complete propaganda, paid for by our tax dollars: http://tiny.cc/93u3a

      This is what the vote will also be on, just like the 2010 election people voted against ObamaCare. Now 2012 will also be against it. Even Romney is against ObamaCare and has the best plan to stop it right out of the gate. He has the most experience with this and has said his bill in Massachusetts had plenty of problems and that he would never use a mandate again. But that it is a state’s issue to decide. He answered some questions on it: http://tiny.cc/9y998

      Report Post »  
    • macombman
      Posted on July 7, 2011 at 4:10pm

      This proof of her lying has been out for a while now. Neal Katyal is the key to this investigation. He is the one who tried to cover up her involvement. http://www.youtube.com/watch?v=z_ELWPzd-xc

      Report Post »  
    • the58thstate
      Posted on July 7, 2011 at 4:15pm

      @macombman…thanks for putting that up! this should be huge!

      Report Post »  
    • avenger
      Posted on July 7, 2011 at 6:23pm

      great..somebody grew some balls ! time to break these lib marxists !

      Report Post »  
    • Mad13
      Posted on July 7, 2011 at 8:47pm

      lets arest all in congress and house take thier money and pay off the detp, put them all in hand cuff and sell them to China to work in slave camps. If you work for a living you know what working is.. lets have a vote think China would pay alot for them
      maybe for give the debt woohoo could you see Nancy working for a living in a shoe factory lol . Pay per view? I would pay $3.95 to see that.

      Report Post » Mad13  
    • banjarmon
      Posted on July 7, 2011 at 9:12pm

      IMPEACH Kagan NOW!!

      Report Post » banjarmon  

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