by Rick Moran
There are plenty of Republican congressmen and senators who believe that associate justice Elena Kagan should recuse herself from the upcoming Supreme Court case involving the constitutionality of Obamacare because of her service as Solicitor General.
Emails released last summer clearly showed that Kagan’s interest in Obamacare exceeded the threshold by which judges should voluntarily recuse themselves:
DOJ doesn’t have a legal leg to stand on and they know it. They are stonewalling the request because there is little doubt that Kagan’s activities as SG far exceeded the threshold for recusal.
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.
Read the article here.