This is what an honest Liberal looks like

Should Elena Kagan recuse herself in the ACA case?

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.

Unraveling the Obama regime

There are two situations in play for the Obama administration that involve serious legal questions and one of them could seriously unravel the viability of Obama's presidency.

First:

During Kagan’s confirmation process, the Republicans on the Senate Judiciary Committee asked her a series of written questions about her involvement in the health-care issue. One question inquired whether she had ever been “asked about your opinion regarding the underlying legal or constitutional issues related to any proposed health care legislation … or the underlying legal or constitutional issues related to potential litigation resulting from such legislation.” Another question asked her whether she had “ever offered any views or comments” on the same subjects.

Kagan answered both questions: “No.”

In his letter to Attorney General Holder, Judiciary Chairman Smith said: “Yet, documents released by the Department of Justice in response to Freedom of Information Act requests raise questions about that unequivocal denial.”

Judiciary Committee Launches Probe of Kagan’s Involvement in Obamacare

Second:

For those coming in late: Issa and Grassley are investigating the horrifically botched Fast & Furious program that Justice/BATFE had put together, starting in late 2009.

Fast and Furious update: Ken Melson’s secret testimony.

See yesterday's post on this...