House panel probe urged of Kagan health care role

Forty-nine Republican members of Congress have asked the House Judiciary Committee to “promptly investigate” Supreme Court Justice Elena Kagan’s role in preparing a legal defense for President Obama’s health care law when she served as solicitor general.

In a letter to committee Chairman Lamar Smith, Texas Republican, and the panel’s ranking Democrat, John Conyers Jr. of Michigan, the lawmakers said that “contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee,” recently released Justice Department documents show that Justice Kagan “actively participated with her Obama administration colleagues in formulating a defense” for the law.

The lawmakers, including 10 doctors and GOP presidential candidates Rep. Ron Paul of Texas and Rep. Michele Bachmann of Minnesota, said the documents raise “serious questions” about Justice Kagan’s ability to “exercise objectivity” in any case involving the Patient Protection and Affordable Care Act (PPACA) that comes before the Supreme Court.

The letter was released Thursday by Rep. John Fleming, Louisiana Republican, who questioned whether Justice Kagan’s involvement in legal-defense activities while serving as solicitor general should warrant her recusal from Obamacare cases under federal law.

Read more: House panel probe urged of Kagan health care role



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