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Sunday, April 03, 2011

Should Kagan Recuse From Health Cases? Internal DOJ Emails Raise Questions

“Absolutely right on. Let’s crush them,” wrote Principal Deputy Solicitor General Neal Katyal. “I’ll speak to Elena and designate someone.”

The Elena here is then-Solicitor General Elena Kagan--now a justice on the U.S. Supreme Court.

Katyal was writing at 10:57 a.m. on Friday, Jan. 8, 2010. 

Two weeks before that, on Christmas Eve, the U.S. Senate had passed the Patient Protection and Affordable Care Act, the unprecedented bill promoted by President Barack Obama that mandated that individual Americans must buy health insurance.  Already—as reported in a Dec. 30, 2009 New York Times article--Florida Attorney General Bill McCollum was examining the possibility of a lawsuit to challenge the bill if it became law and, as the Times put it, there were “nearly a dozen other states who have also threatened to sue over the mandate.”

Katyal on the morning of January 8 was responding to an email—sent under the subject line “Health Care Defense”--that he had received from Brian Hauck, senior counsel to Associate Attorney General Tom Perrelli.

“Hi Neal,” Hauck had written. “Tom wants me to put together a group to get thinking about how to defend against the inevitable challenges to the health care proposals that are pending, and hoped that OSG [Office of the Solicitor General] could participate. Could you figure out the right person or people for that? More the merrier. He is hoping to meet next week if we can.”

Less than a minute after writing back to Hauck indicating his desire to “crush” the “inevitable challenges” to the health-care bill, Katyal forwarded Hauck’s email to his boss, Solicitor General Elena Kagan.

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5 comments:

Anonymous said...

The Patriot Act was passed on Christmas Eve.

So was the Federal Reserve Act.

Dec 23 is a very important illuminati date.

Anonymous said...

Absolutely she should recuse herself.

Anonymous said...

But will she?

Time will tell, but somehow I doubt it.

Drew said...

Scalia famously said it was up to him and him only, when he should recuse himself.

Anonymous said...

Liberals never do the ethical thing.