The case is mounting against activist Justice Elena Kagan. A judicial watchdog group has presented a white paper filled with evidence of Kagan’s bias and personal involvement with Obamacare.
It provides three reasons Kagan should recuse herself:
1) Kagan went out of her way to get involved in Obamacare (PPACA):
Though her department normally only deals with appeals, Kagan made the decision to involve the Solicitor General’s office before PPACA had even been signed into law.
This unusual involvement sent a message to the Left: “Her actions had the added effect of communicating to the President and the rest of his Administration that the Solicitor General herself was on top of the legal challenges from the beginning and would not be caught off guard.”
2) Kagan knowingly chose her deputy Neal Katyal to help advise the Administration on a legal defense for the proposed law, even after he told her his goal was to “crush” the opposition.
Kagan’s staffing decisions on their own constitute substantial involvement in the case, but her delegation of the case to Katyal, her aggressive deputy, provides important insight into her own aggressive approach to the case.
3) Kagan was part of the deliberative process for the Obamacare defense strategy.
During her confirmation hearings, Kagan stated that she was present at “at least one” meeting in which the challenges to PPACA were discussed. But JCN has obtained documents indicating that her involvement was much more substantial than merely attending a single meeting.
The law also says: "federal judges disqualify themselves from participating in a case if their "impartiality might reasonably be questioned."
I think that automatically excludes Thomas and Scalia... So, if we're going to follow the law to the letter, I think it's pretty obvious which two should go.
