GOP Questions ‘Two-Month Gap’ In Kagan’s Health Care Involvement

The top Republican on the House Judiciary Committee said Thursday the Obama administration is fueling speculation about Justice Elena Kagan’s impartiality because it won’t turn over documents detailing her role in crafting the legal strategy to defend the health care law.

Rep. Lamar Smith, the committee chairman, told Attorney General Eric H. Holder Jr. that emails show Justice Kagan took an interest in the case in January 2010, when she was solicitor general, and he demanded to know what role she played between then and March 2010, when President Obama tapped her to sit on the high court.

“The issue is how involved was she in health care discussions between Jan. 8 and March 5. Just as President Nixon had an 18½-minute gap, does Ms. Kagan have a two-month gap?” Mr. Smith said.

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