Wednesday, November 16, 2011

Kagan Country

We all wondered about the remarkable mind numbing silence Elena Kagan offered on most any probative question during her confirmation hearings, but this latest offered by the CNS News Service makes you wonder what she could possibly be thinking:
"On Sunday, March 21, 2010, the day the House of Representatives passed President Barack Obama’s Patient Protection and Affordable Care Act, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released late Wednesday to the Media Research Center,'s parent organization, and to Judicial Watch.

“I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails."
Boy, that must have been really exciting news for the Supreme Court Justice, who next year will be asked to rule on the constitutionality of that very same piece of exciting legislation.

28 U.S. Code Section 455 stipulates that a justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”
"The Justice Department released a new batch of emails on Wednesday evening as its latest response to Freedom of Information Act requests filed by and Judicial Watch. Both organizations filed federal lawsuits against DOJ after the department did not initially respond to the requests. originally filed its FOIA request on May 25, 2010--before Elena Kagan's June 2010 Supreme Court confirmation hearings.

The March 2010 email exchange between Kagan and Tribe raises new questions about whether Kagan must recuse herself from judging cases involving the health-care law that Obama signed--and which became the target of legal challenges--while Kagan was serving as Obama's solicitor general and was responsible for defending his administration’s positions in court disputes."
So, she is a partisan, and she lacks the judgment to make simple decisions like recognizing when she is no longer impartial on an issue. And this person we confirmed as a Supreme Court Justice.



  1. Senator Jeff Sessions is now pressing in on why these e-mails were withheld from the Senate during Kagan's confirmation hearings.

    "Sessions is putting pressure on embattled Attorney General Eric Holder – who, at the time was Kagan’s boss – to come clean on what she knew and when she knew it.

    Sessions, who sits on the Senate Judiciary Committee, told Holder he is “deeply disturbed,” that the emails were not released at Kagan’s confirmation hearings in June last year."