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Supreme Court Justice Elena Kagan will be in clear violation of federal law by virtue of her decision to hear the Affordable Care Act case coming before the Supreme Court today.
Upon joining the other justices to hear oral arguments she will fracture the federal statute which demands that judges recuse themselves from participation in a case “where he has served in governmental employment and in such capacity participated as council, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.”
And according to emails obtained by the Media Research Center as the result of a 2010 Freedom of Information Act lawsuit against the DOJ, not only did she advise DOJ attorneys and express opinions concerning the merits of ObamaCare, she lied to the Senate Judiciary Committee during her confirmation hearings by answering “No” when asked specifically if she had any involvement in preparing the government’s defense for ObamaCare.
And although Eric Holder testified before a senate committee that Kagan was “physically removed from the room” whenever the subject of ObamaCare was to be broached–no doubt an untrue statement anyway—such a claim was not to the point.
For typical of the calculating minds of those who live by deceit and deception, it apparently never occurred to members of the Regime who saw Kagan as a sure fire Supreme Court vote for ObamaCare that the right thing was to have her do her job as Solicitor General and then properly and legally recuse herself when on the Court!
Of course this begs the question whether Kagan would have been nominated to the Court had her guaranteed decision in favor of ObamaCare not been the key point in her favor!
But Barack and his minions were going to have it BOTH ways. They would benefit from Kagan’s work in preparing the DOJ for upcoming ObamaCare fights in federal court and benefit yet again from her ruling the Act “Constitutional” when it finally came down to the decision of the 9 Justices in DC!
And why not! Obama clearly had nothing to fear from media reprisals. And the Republican Party had thus far permitted a Manchurian Candidate to smuggle guns to Mexico, make illegal recess appointments, ignore congressional subpoenas and brazenly trade tax dollars for campaign cash. Why would their craven behavior change now!
And it looks as though Barack will indeed get away with having his cake and eating it too! For with the scant few exceptions of Senator Jeff Sessions and Congressman Lamar Smith, there has been no outcry by members of the Republican Party, ensuring smooth sailing for the decision everyone knows Kagan will “phone in.”
No consequences for Elena Kagan. No spine in the Republican Party. And the liberty which still remains to the American people will depend upon all five non-Marxists on the Court doing the right thing.
Supreme Court Justice Thomas Clark made this observation in his majority opinion in the 1961 case Mapp v Ohio:
“Nothing can destroy a government more quickly than its failure to observe its own law, or worse, its disregard for the charter of its own existence.”
There can be no better example of the truth inherent in Clark’s warning than that exemplified by the Obama Regime.
Additional reading:
(1) http://www.nationalreview.com/bench-memos/291832/kagan-must-recuse-herself-obamacare-case-sen-jeff-sessions
(2) http://cnsnews.com/news/article/judiciary-committee-launches-probe-kagan-s-involvement-obamacare
(3) http://www.theblaze.com/stories/judiciary-committee-probes-justice-kagans-role-in-obamacare-at-gops-request/
(4) http://dailycaller.com/2011/05/18/new-documents-suggest-supreme-court-justice-elena-kagan-involved-with-crafting-legal-defense-of-obamacare/
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