House Judiciary Committee Begins Investigation of Kagan and ObamaCare
(The New American) -- by Michael Tennant --
Just 12 days after 49 congressmen requested an official inquiry into Supreme Court Justice Elena Kagan’s (left) involvement with the Patient Protection and Affordable Act (PPACA, aka ObamaCare) during her tenure as U.S. Solicitor General, the House Judiciary Committee has complied. Judiciary Committee Chairman Lamar Smith (R-Texas) sent a July 6 letter to Attorney General Eric Holder asking for “relevant documents and witness interviews in order to properly understand” Kagan’s role with regard to the legislation itself and related litigation...
In an attempt to determine “the extent of [Kagan’s] involvement” in the Obama administration’s legal position on PPACA, the Judiciary Committee is requesting from the Justice Department documents indicating Kagan’s involvement in or knowledge of “potential or actual health care legislation or litigation,” referencing Kagan’s exclusion from “any matters involving health care legislation or litigation,” or mentioning “possible recusal by” Kagan from any such matters “if she were to be confirmed as a Supreme Court Justice.” In addition, the committee seeks to interview both Katyal and Schmaler.
“Given the speed with which PPACA litigation is proceeding,” wrote Smith, “I ask that these materials be provided and arrangements for the interviews be made by July 29, 2011.”
Should the Obama administration choose to cooperate with the committee, and should the documents it supplies and the interviews with Katyal and Schmaler show conclusively that Kagan lied to the committee during her confirmation, Congress will be practically forced to act. At the very least legislators should demand Kagan’s recusal from any ObamaCare cases that come before the court as required by law. If she refuses to comply — and perhaps even if she doesn’t, since her answers to the committee’s questions during her confirmation were (under this scenario) false — the House of Representatives would then be in a position to impeach her and the Senate, to try her and potentially to remove her from office.
The Kagan saga should make for yet another interesting battle of wills between the House and the Obama administration. The outcome may very well decide the fate of ObamaCare, challenges to which stand a better chance of succeeding without Kagan on the Supreme Court...MORE...LINK
One of the shortest Supreme Court careers ever? Kagan on the hot seat.