Tuesday, January 24, 2012

It Is Time to Ask Kagan: Recuse on Obamacare

Most folks are keenly aware of Justice Elena Kagan's heavy involvement with Obamacare as solicitor general for the U.S. Department of Justice. After a few weeks of research and consultation with countless others both in legal analysis and with folks in the know on the Hill, there is one universal conclusion.
The only one who can recuse Elena Kagan is none other than Elena Kagan.
There are many here in Washington and abroad who believe that Kagan was plucked out of obscurity -- with little legal background other than her time as a law professor at Harvard -- just to defend Obamacare.
The good news is this: Kagan has already recused herself from 30+ cases because of her tenure as a solicitor general.
In fact, the case for Kagan's recusal on Obamacare already has precedent. In 2003, Justice Scalia made a speech at a religious freedom parade in Fredericksburg, Virginia. In it, Scalia expressed his opinion on a matter about to be brought before the Supreme Court, criticizing a Ninth Circuit Court ruling regarding the Pledge of Allegiance. In that instance, Scalia chose to recuse on an issue important not only to him, but millions of Americans.
I am committing myself to collecting and personally delivering thousands of signatures to the United States Supreme Court on your behalf asking Justice Elena Kagan to recuse herself from the Obamacare case.
It's a different approach -- but it's the sort of personal touch that only Traditional Values Coalition can apply here in Washington. If enough people remind Kagan of her duties, I'm confident we will be able to hold Justice Kagan accountable at the end of the day.
Andrea Lafferty
Traditional Values Coalition