Justice Elena Kagan Should Recuse Herself from ObamaCare Case

Right before the vote on ObamaCare  --  the pro-abortion socialized medicine scheme which passed the Democrat-controlled 111th Congress early last year without the single vote of a Republican and opposed by a large majority of Americans  --  Supreme Court Justice Elena Kagan, before she was nominated by Barack Obama as his nominee to the nation's top court, wrote to the left-winger Harvard professor, Laurence Tribe, excited about the Democrats having the votes to pass ObamaCare.

Kagan sent an email to Tribe when he was serviing in the Obama Justice Department saying:  "I hear they (Democrats) have the votes Larry!!  Simply amazing."

Now we are being led to believe by the Democrats that Kagan can consider and rule on the constitutionality of ObamaCare  --  in a lawsuit brought to the Supreme Court by at least 26 states  --  with impartiality.  And if you believe that she would rule ObamaCare unconstitutional, then there is that little bridge in Brooklyn for available sale. However, she must remove herself from deliberating and ruling in this case because it is the law.

The Chairman of the Republican Policy Committee in the United States House of Representatives, Congressman Tom Price, medical doctor from Georgia said the following:  "The law states that a justice must recuse anytime he/she has ‘expressed an opinion concerning the merits of the particular case in controversy’ while serving ‘in government employment’.  Justice Kagan must address this honestly and recuse herself if she had any involvement in the matter.”

The rest of the press release from the Republican Policy Committee is directly below:

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Price: “Hanging over this judicial challenge is the question of whether Justice Elena Kagan ought to recuse herself.”

Washington, D.C. – House Republican Policy Committee Chairman Tom Price, M.D. (R-GA) issued the following statement in response to the Supreme Court’s decision to consider the constitutionality of the president’s health care law and reports that call into question whether Supreme Court Justice Elena Kagan ought to recuse herself from hearing the case.
 
“The President’s health care law – now headed to the Supreme Court – is a threat to America’s health care system and the principles of affordability, accessibility, quality, responsiveness, innovation, and choices.  It is important that the Court has agreed to hear this case.  Unfortunately, hanging over this judicial challenge is the question of whether Justice Elena Kagan ought to recuse herself.  Questions remain about legitimate concerns regarding her involvement in the Obama Administration when the legislation and legal defenses were being drafted.  Those questions must be answered.  The law states that a justice must recuse anytime he/she has ‘expressed an opinion concerning the merits of the particular case in controversy’ while serving ‘in government employment’.  Justice Kagan must address this honestly and recuse herself if she had any involvement in the matter.”