Yesterday's Daily Caller posted a story about Elena Kagan's involvement as a member of the Obama administration in the crafting of the legal defense of Obamacare. Information obtained by Judicial Watch through the Freedom of Information Act shows an email trail which indicates that the administation's plan was to have the Office of Solicitor General heavily involved in the defense of Obamacare. This plan was initially carried out. However, once Elena Kagan was nominated to the Supreme Court, the effort was made to distance her from Obamacare and efforts were made to keep her previous actions hidden.
The documents uncovered indicate that Ms. Kagan's claims that she had not been involved with the Obamacare legislation may not have been entirely true.
We know from experience that there will be no obvious consequences for misleading the Senators on the Judiciary Committee. However, I don't feel as if we are asking too much to expect Ms. Kagan to recuse herself from any lawsuits involving Obamacare.
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