ObamaCare- Demand Justice Kagan Recuse Herself

To: [Oversight and Government Reform] [Darrell] [Issa]


[Christopher Hessman]

[Indianapolis], [IN]

RE: Demand Justice Kagan Recuse Herself




Dear [Oversight and Government Reform] [Rep Issa]:




     I am writing to respectfully demand that you force Justice Elena Kagan to recuse herself from the ObamaCare hearings before the Supreme Court.

There is no question that Justice Kagan is biased in favor of ObamaCare. Justice Kagan openly praised ObamaCare's passage. As solicitor general of the United States, she led the office responsible for formulating the administration's legal defense of ObamaCare. And Kagan herself has admitted that she attended "at least one meeting" in which the case now before the Supreme Court was mentioned, and it is well known that she was privy to discussions of the administration's litigation strategy in defense of ObamaCare.

Federal law is clear about when a judge must recuse herself from presiding over a case because of a conflict of interest.

28 U.S.C. 455(b)(3) deals specifically with the recusal obligations of judges who are former government employees. It states that recusal is required when a judge "has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy." And, 28 U.S.C. (a) states: "Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his [or her] impartiality might reasonably be questioned."

Simply put, when it comes to ObamaCare, Barack Obama's hand-picked Supreme Court Justice Elena Kagan IS NOT, CANNOT and WILL NOT be an impartial judge.
And if Justice Kagan won't follow the spirit and letter of the law, then Congress must force her recusal now.

[Christopher Hessman]