With the Supreme Court preparing to hear oral arguments on ObamaCare, Justice Elena Kagan has given no indication that she will recuse herself from the case. This despite the fact that while serving as President Obama's Solicitor General Kagan was directly involved in ObamaCare's legislative and legal processes. Documents withheld during her confirmation hearings and only recently released confirm these facts and also demonstrate Kagan's personal support of ObamaCare's passage.
Federal law (28 U.S.C. 455) clearly stipulates the grounds for judges to disqualify themselves in cases, including if the judge's "impartiality might reasonably be questioned" or if the judge served in federal office as "counsel" or "adviser" or "expressed an opinion" on a matter. Justice Kagan has already recused herself in dozens of Supreme Court cases. In the matter of ObamaCare, Kagan clearly violated the conditions of federal law and should recuse herself.
This petition will be hand-delivered to Justice Kagan as well as key members of the U.S. Senate.
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The Petition States:
Whereas, Justice Elena Kagan, while serving as Solicitor General, expressed her personal
support of the Patient Protection and Affordable Care Act (ObamaCare), and began
working on ObamaCare's legal defense even before passage, and
Whereas, then-Solicitor General Kagan and her department were engaged in the deliberative
process of ObamaCare's legal defense, and
Whereas, many of the documents that confirm Justice Kagan's close involvement in the
legislative and legal process of ObamaCare have only recently been released,
THEREFORE, I am signing this petition calling for Justice Kagan to recuse herself from the
current ObamaCare Supreme Court case, or to be disqualified by appropriate legal means.
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