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Rick Moran at the American Thinker posted an article today about the Department of Justice’s refusal to release documents requested by forty-nine members of Congress regarding Supreme Court Justice Elena Kagan’s involvement with ObamaCare during her term as Solicitor General in the Obama Administration.
The article reports:
…Four months later the Justice Department wrote back declining to produce the documents. In that letter, Assistant Attorney General Ronald Weich explained that the department has “grave concerns about the prospect of a congressional investigation into the pre-confirmation activities of a sitting Supreme Court Justice.” Justice Kagan, he added, had addressed the issue of her ObamaCare involvement during her confirmation hearings.
Since I suspect that one of the reasons Justice Kagan was nominated to the Supreme Court was her involvement in Obamacare (and I suspect the Obama administration knew ObamaCare would eventually wind up at the Supreme Court), there is no way the administration is going to do anything that might possibly cause Justice Kagan to have to recuse herself.
The article concludes:
This is crucial. If Kagan doesn’t vote, and 4 to 4 tie resulted, the vote would uphold the decision of a lower court judge that Obamacare’s individual mandate is unconstitutional. Obviously, Kagan can count noses on the court too which is why she will refuse to recuse herself.
This could be an interesting battle.