1) She served as the solicitor general of the United States during the time that the ACA was furiously debated in Congress, discussed in town halls across the country, and enacted;
2) The ACA is the most important, controversial, and partisan piece of legislation put forward by the Obama administration while Kagan worked as the president’s top lawyer to the Supreme Court. If he didn’t consult with her about it, he should have;
3) She was nominated to the Supreme Court by President Obama shortly after the ACA was passed, and the president is closely and personally identified with the law;
4) She has to review the law just a few months before President Obama runs for re-election;
5) His re-election might well be affected by how the Supreme Court rules; and
6) We know she celebrated the passage of the law.
Thursday, December 08, 2011
This is what an honest Liberal looks like
Should Elena Kagan recuse herself in the ACA case?
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