Justice Kagan's ObamaCare Conflict
http://www.investors.com/NewsAndAnalysis/Article/572800/201105191857/Justice-Kagans-ObamaCare-Conflict.htmPosted 05/19/2011 06:57 PM ET
Health Care: The president's former solicitor general may have been knee-deep in organizing the legal defense of ObamaCare. Maybe that's why she was picked for a Supreme Court that will determine its constitutionality.
Those who wondered about the motives behind the recent call from 74 congressional Democrats, led by Rep. Anthony Weiner, D-N.Y., for Supreme Court Justice Clarence Thomas to recuse himself from any cases involving ObamaCare may now have their answer.
On Wednesday, the activist watchdog group Judicial Watch announced it has obtained documents suggesting Supreme Court Justice Elena Kagan helped coordinate the Obama administration's legal defense of the Affordable Care Act while she served as solicitor general.
Weiner and his colleagues charged that because Thomas' wife, Ginny, worked at and had been paid by the hated Heritage Foundation, which has led the way in exposing the fraud that is ObamaCare, Justice Thomas was obligated to recuse himself from cases involving it to "maintain the integrity of this court."
But concerns about judicial integrity had nothing to do with it. The Democrats staged a preemptive strike so they'd have an argument to counter Kagan's gaping and genuine conflict of interest regarding ObamaCare when it was inevitably exposed.
As Judicial Watch details, a Jan. 8, 2010, e-mail from Neal Katyal, former deputy solicitor general (and current acting solicitor general) to Brian Hauck, senior counsel to Associate Attorney General Thomas Perrelli, discussing organizing the defense of ObamaCare against the inevitable legal challenges, wrote: "Brian, Elena would definitely like OSG (Office of Solicitor General) to be involved in this set of issues ... we will bring in Elena as needed."
On March 21, 2010, the day ObamaCare passed the House of Representatives, Katyal urged Kagan to attend a health care litigation meeting that was evidently organized by the Obama White House. It is not credible to suggest Kagan did not attend or did not contribute. An e-mail chain on that date, entitled "Health care litigation meeting," refers to an "internal government meeting regarding the expected litigation." Kagan is both author and recipient in the chain.
After Kagan was nominated on May 10, 2010, for the Supreme Court vacancy left by the retiring John Paul Stevens , Katyal began spreading the cover story insisting that Kagan was "walled off" from such discussions, defying belief that the solicitor general would not be actively involved in the legal strategy to defend the centerpiece of the Obama administration's agenda.
This is after Katyal invited Kagan to administration meetings to discuss precisely that. Another email trail unearthed by Judicial Watch discusses everyone getting his or her story story straight about Kagan's sudden lack of involvement in ObamaCare's defense.
On May 17, 2010, for example, Tracy Schmaler, a Department of Justice spokesperson, wrote to Katyal asking if Kagan had been involved in ObamaCare defense strategy. Katyal responded that she had not been. He forwarded the exchange to Kagan, saying, "This is what I told Tracy about HealthCare."
Kagan's response speaks volumes about her involvement in ObamaCare's legal defense: "This needs to be coordinated. Tracy you should not say anything about this before talking to me." We are reminded of the adage that if you tell the truth you never have to get your story straight or be "coordinated."
"Any reasonable person would read these documents and come to the same conclusion," says Judicial Watch President Tom Fitton. "Elena Kagan helped coordinate the Obama administration's defense of ObamaCare."
We concur and suggest that President Obama's appointment of Elena Kagan to the U.S. Supreme Court was part of the overall strategy to get ObamaCare passed and defended.
President Obama pledged to "fundamentally transform" America. First, he had to fundamentally transform the Supreme Court into a policy arm of the White House, where neither the U.S. Constitution or genuine conflicts of interest mattered.
Those who wondered about the motives behind the recent call from 74 congressional Democrats, led by Rep. Anthony Weiner, D-N.Y., for Supreme Court Justice Clarence Thomas to recuse himself from any cases involving ObamaCare may now have their answer.
On Wednesday, the activist watchdog group Judicial Watch announced it has obtained documents suggesting Supreme Court Justice Elena Kagan helped coordinate the Obama administration's legal defense of the Affordable Care Act while she served as solicitor general.
Weiner and his colleagues charged that because Thomas' wife, Ginny, worked at and had been paid by the hated Heritage Foundation, which has led the way in exposing the fraud that is ObamaCare, Justice Thomas was obligated to recuse himself from cases involving it to "maintain the integrity of this court."
But concerns about judicial integrity had nothing to do with it. The Democrats staged a preemptive strike so they'd have an argument to counter Kagan's gaping and genuine conflict of interest regarding ObamaCare when it was inevitably exposed.
As Judicial Watch details, a Jan. 8, 2010, e-mail from Neal Katyal, former deputy solicitor general (and current acting solicitor general) to Brian Hauck, senior counsel to Associate Attorney General Thomas Perrelli, discussing organizing the defense of ObamaCare against the inevitable legal challenges, wrote: "Brian, Elena would definitely like OSG (Office of Solicitor General) to be involved in this set of issues ... we will bring in Elena as needed."
On March 21, 2010, the day ObamaCare passed the House of Representatives, Katyal urged Kagan to attend a health care litigation meeting that was evidently organized by the Obama White House. It is not credible to suggest Kagan did not attend or did not contribute. An e-mail chain on that date, entitled "Health care litigation meeting," refers to an "internal government meeting regarding the expected litigation." Kagan is both author and recipient in the chain.
After Kagan was nominated on May 10, 2010, for the Supreme Court vacancy left by the retiring John Paul Stevens , Katyal began spreading the cover story insisting that Kagan was "walled off" from such discussions, defying belief that the solicitor general would not be actively involved in the legal strategy to defend the centerpiece of the Obama administration's agenda.
Subscribe to the IBD Editorials Podcast This is after Katyal invited Kagan to administration meetings to discuss precisely that. Another email trail unearthed by Judicial Watch discusses everyone getting his or her story story straight about Kagan's sudden lack of involvement in ObamaCare's defense.
On May 17, 2010, for example, Tracy Schmaler, a Department of Justice spokesperson, wrote to Katyal asking if Kagan had been involved in ObamaCare defense strategy. Katyal responded that she had not been. He forwarded the exchange to Kagan, saying, "This is what I told Tracy about HealthCare."
Kagan's response speaks volumes about her involvement in ObamaCare's legal defense: "This needs to be coordinated. Tracy you should not say anything about this before talking to me." We are reminded of the adage that if you tell the truth you never have to get your story straight or be "coordinated."
"Any reasonable person would read these documents and come to the same conclusion," says Judicial Watch President Tom Fitton. "Elena Kagan helped coordinate the Obama administration's defense of ObamaCare."
We concur and suggest that President Obama's appointment of Elena Kagan to the U.S. Supreme Court was part of the overall strategy to get ObamaCare passed and defended.
President Obama pledged to "fundamentally transform" America. First, he had to fundamentally transform the Supreme Court into a policy arm of the White House, where neither the U.S. Constitution or genuine conflicts of interest mattered.
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