The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Should Justice Kagan Recuse Herself From Deliberating ObamaCare Suits?

Posted on | March 30, 2011 | 4 Comments

by Smitty

CNS News has some DOJ insight:

“Brian, Elena would definitely like OSG to be involved in this set of issues,” Katyal told Hauck in his 1:05 p.m. email. “I will handle this myself, along with an Assistant from my office [name redacted] and will bring in Elena as needed.”

In February and March 2011, having followed through on the assignment Kagan first gave him in January 2010, Katyal signed documents that the U.S. Justice Department filed in two separate U.S. appeals courts countering the lawsuits brought by Virginia and Florida against the health-care bill that the Senate passed that Christmas Eve two years ago.

The Jan. 8, 2010 email chain cited above, along with others the Justice Department provided to in response to a Freedom of Information Act request, raise questions about whether Supreme Court Justice Elena Kagan ought to recuse herself from the health-care cases officials from her former office will soon argue in her court.

While I would like to think that the Administration and its appointees would be concerned about the integrity of their oaths and the actions which follow them, three patterns that seem common to the 2.5 years in Obamareich are:

  1. No substantial belief in the absolute truths to which their oaths point,
  2. A commitment to victory at all cost, with a bit of scorched earth on the periphery counting as economic stimulus,
  3. An acceptance of messy heuristic solutions on the road to conquest, “Pass the bill to find out what’s in it”

Thus, I predict that Justice Kagan, whom I blogged against rather heavily before confirmation, will proffer a wide stream of platitudes about protecting the Constitution (e.g. her confirmation hearings) before getting down to the messy business of making sure that her Overlords are not displeased with the results.
She could surprise us all. I’d love to eat some crow on that prediction, but will no doubt remain hungry on the point.


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