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Special Report: Is “fix” in at Supreme Court for ObamaCare?

Grassroots Action Alert

November 17, 2011
  Biased Justice to Decide Fate of “ObamaCare!”Yet another Obama-led travesty of justice is about to unfold — this time at the Supreme Court.

Justice Elena Kagan — who as Obama’s Solicitor General openly supported ObamaCare’s passage and then defended the law when it faced court challenge — has given no indication that she will recuse herself from the case.

Kagan openly supported ObamaCare, yet she refuses to recuse herself from the case.

The Judicial Crisis Network (JCN) has carefully documented Kagan’s work on behalf of ObamaCare while she served as Obama’s Solicitor General.

**According to JCN, Kagan engaged her department in the strategy to defend ObamaCare in court “before [ObamaCare] had even been signed into law.”  So Kagan was an advocate for ObamaCare even before the final votes were cast.

**JCN also tracks how Kagan was involved in the “deliberative process” for her office’s legal defense of ObamaCare. By definition, this means Kagan has knowledge of information (i.e. the Administration’s deliberative process), which is protected and therefore the other justices may not be allowed to hear!

And now we have the “smoking gun.”

Just hours before the final ObamaCare vote, Kagan responded to an email from a colleague that had the subject line, “fingers and toes crossed today.” The email was clearly about the imminent ObamaCare vote.

What did Kagan say to colleague Lawrence Tribe?

“I hear they have the votes, Larry!! Simply amazing.”

To which Tribe replied,

“So healthcare is basically done! Remarkable.”

It is clear that Elena Kagan was an open advocate of ObamaCare and that, in her position as Solicitor General, she was involved in defending the legislation.

By any judicial ethical standards, she should recuse herself.

But this goes beyond her personal sense of ethics…


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.

Kagan has crossed all these lines and by law she must recuse herself for the ObamaCare case — something she has already done dozens on times on other cases. But for ObamaCare, Obama’s hand-picked advocate refuses to step aside.

To make matters worse, much of the facts of Kagan’s open advocacy on behalf of ObamaCare was not disclosed during her confirmation hearings and has only come to light in the last few weeks after repeated Freedom of Information Act inquiries.

The Obama team hid the facts of Kagan’s ObamaCare advocacy!

ACTION: Grassfire Nation is launching an emergency national petition calling on Justice Kagan to recuse herself from the ObamaCare case or to be disqualified by appropriate legal means.

We cannot allow Obama’s hand-picked justice — who may have access to information that cannot even be submitted in the case — to sway the Supreme Court in the most important case we have seen in years.

Please go here now to sign the petition.

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Key Action Item in this issue of the Grassroots Action Alert:Sign Grassifre Nation’s petition calling for Kagan’s recusal
Dig Deeper
Key resources for this issue of the Grassroots Action Alert:Go here to access JCN’s full report

Court Ruling Proves Kagan Must Recuse

Kagan to Tribe… “Simply Amazing”

Go here to access recent issues of the Grassroots Action Alert.
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