Following is an Email sent by GOPUSA.
The nerve that they're basically asking that Kagan should recuse herself
from the upcoming Obamacare Supreme Court case because she worked on
this case when she worked for the Obama administration.
Kagan should flatly say that she'll recuse herself if Scalia and Thomas
recuse themselves because of a conflict of interest.
GOP (Greedy One Percent)
***************************************************************************
SENATE GOP LEADERS TO HOLDER: YOUR KAGAN TESTIMONY 'BELIED BY THE FACTS'
Senate Republican leaders recently sent a letter to Barack Obama's right-hand man, Attorney General Eric Holder, expressing their view that Holder's testimony to Congress was "belied by the facts."
Translation: Just as he lied to hide critical details about Operation Fast and Furious, Holder is misleading - or just flat out lied to - Congress and the American people regarding Justice Elena Kagan's direct involvement in the Obama Administration's legal defense of ObamaCare.
The Senators also called out the Obama-Holder Justice Department for its outright refusal to comply with ALL Congressional oversight requests for information concerning Kagan's involvement in ObamaCare - involvement that demands her recusal from hearing the ObamaCare case before the U.S. Supreme Court.
FORCE KAGAN'S RECUSAL - DEMAND IT NOW!
The U.S. Supreme Court has officially announced that it will hear the lawsuits challenging the constitutionality of ObamaCare. And the fate of Barack Obama's unconstitutional, government-dictated health care scheme could very well hinge on Justice Kagan's clear inability to set aside her documented and enthusiastic support for the law.
Of course, to everyday Americans like you and me, the constitutional arguments against ObamaCare should be an open and shut case.
It doesn't take a Harvard Law Degree to know that nothing in the Constitution empowers the federal government to effectively take control of one-sixth of our nation's economy... Nothing in the Constitution permits the federal government to force you and your family to buy government-approved health insurance, or anything else for that matter.
But apparently it does take a united front to force the Obama Administration and his hand-picked Supreme Court justice to comply with federal laws, especially when doing so could crush his carefully crafted plan to thwart the U.S. Constitution and America's justice system.
With Obama's pro-government run healthcare justice on the Supreme Court, the fate of ObamaCare is far from certain. Instead of rightly being retired to the dustbin of history, ObamaCare could very well get a big fat stamp of approval by the highest court in the land.
FORCE KAGAN'S RECUSAL - DEMAND IT NOW!
It's no secret that before being confirmed to the Supreme Court, then-Solicitor General Kagan -Barack Obama's chief legal advocate at the time - was an enthusiastic cheerleader for ObamaCare when it was being rammed down the American people's throats by the Nancy Pelosi and Harry Reid-led Congress.
In fact, on March 21, 2010, the very same day the House of Representatives passed ObamaCare, then-Solicitor General Elena Kagan emailed a senior official at the Obama Justice Department in which she ecstatically characterized the vote as "simply amazing."
And evidence is now mounting to suggest that Kagan, while working in the Obama Administration - heading up the very office charged with defending the law in the courts - may have influenced the administration's legal defense of ObamaCare.
As Carrie Severino, a former Supreme Court Clerk for Justice Clarence Thomas and current chief counsel of the Judicial Crisis Network, put it:
"As President Obama's top advocate, Kagan headed the office responsible for formulating the Administration's defense of PPACA
- and oversaw the arguments both on appeal and in the lower courts because of PPACA's national importance. The President is now asking her to adopt the very same positions her office helped craft for him on this matter, but this time, as a Supreme Court Justice. Her jump from advocate to judge on the same issue raises profound questions about the propriety of her continued participation in the case."
Simply put, with Kagan sitting on the bench, Obama has effectively sabotaged Supreme Court impartiality... in favor of ObamaCare.
FORCE KAGAN'S RECUSAL - DEMAND IT NOW!
Federal law is clear about when a judge must recuse himself or herself from presiding over a case because of a conflict of interest.
In fact, 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 impartiality might reasonably be questioned."
It's no wonder, then, that when asked recently by Newsmax about whether Justice Kagan should recuse herself from the ObamaCare case on the Supreme Court, former House Speaker and Republican presidential candidate Newt Gingrich responded:
"Absolutely... It is unconscionable that a person who actually advised in the writing of Obamacare will now sit in judgment on what they help write. I think clearly Kagan should recuse herself. It's clearly a conflict of interest..."
While it can be reasonably assumed that Kagan played a significant role in helping to craft ObamaCare, that is not totally clear by the slim public record. That's because the administration has been stonewalling the American people's and Congress' requests for all documents related to Kagan's involvement in ObamaCare.
But the Obama administration is doing everything it can carry out Obama's scheme to sabotage the American justice system. Holder is even lying (AGAIN) during Congressional testimony pleading ignorance of Kagan's role in crafting ObamaCare's legal defense.
In their letter to Holder, Senate Minority Leader Mitch McConnell (R.-Ky)., Senate Minority Whip Jon Kyl (R.-Ariz)., Senate Judiciary Committee Ranking Member Charles Grassley (R.-Iowa) and Sen. Mike Lee (R.-Utah), who is a member of the Senate Judiciary Committee, told Holder:
"You recently told the Senate, incredibly, that you were not even aware of Congressional requests on this topic, and that your Department handled her duties as relates to such matters in a way that is belied by the facts, namely that you physically removed her from all meetings discussing litigation."
That's right... With the U.S. Supreme Court set to rule on perhaps the most important case about the future of our great nation in more than a generation, what was promised to be the most transparent administration in history refuses to make public all of Kagan's correspondence dealing with ObamaCare.
But here is what we do know thus far. Based on the correspondence that has been released or leaked (and likely many other documents that Obama's Department of Justice refuses to release):
* There is no doubt that Kagan was as giddy as Obama that his unconstitutional, government takeover of our healthcare system became law. In emails pointing to her clear bias in favor of ObamaCare, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange the day Obamacare passed the House back in 2010. "I hear they have the votes, Larry!! Simply amazing," Kagan wrote to Tribe in one of the emails.
Kagan was proud of herself and her pet project. She even went on to arrange dinner plans with her co-workers and ObamaCare associates (whose names were conveniently redacted) to celebrate.
* According to the Judicial Crisis Network (JCN), then-Solicitor General Kagan "took early and aggressive action to involve her office in ObamaCare." We know from emails obtained by JCN that Neal Katyal, Kagan's chief political and most trusted deputy at the time, stated in January 2010 that "Elena would definitely like OSG to be involved in this set of issues." Katyal went further to stress having Kagan's office get "heavily involved" even at the lower court levels, which is unprecedented since Solicitors General typically only deal with appeals.
As Carrie Severino wrote, "Because it is so unusual for the Solicitor General's Office to get involved at the District Court level, not to mention before a law is passed, Kagan's approval, tacit or explicit, would have been required."
* There is little question that Kagan was involved in her office's participation in Obama Administration strategy meetings to defend against the inevitable legal challenges to ObamaCare. In response to an invitation to one of those early meetings, Katyal responded, "bsolutely right on. Let's crush them. I'll speak to Elena and designate someone ."
There is more, but you get the point. This is not merely a case where Justice Kagan's impartiality can be "reasonably questioned." We already know how Kagan will rule on ObamaCare. Barack Obama knows it... Elena Kagan most certainly knows it... the U.S. Attorney General Eric Holder knows it... And all three of them are willing to LIE in order sabotage the justice system and force ObamaCare onto the American people.
The Justice Department to is stonewalling requests for more information on Kagan's previous work as solicitor-general that satisfies BOTH requirements for recusal from the upcoming healthcare case. We cannot let any of them - Obama, Holder, or Kagan - get away with it. Kagan's enthusiastic support for ObamaCare and her apparent involvement in contributing to its legal defense demands that her recusal must be forced.
FORCE KAGAN'S RECUSAL - DEMAND IT NOW!
Plain and simple, the future of America is at stake. If Kagan's bias on the Supreme Court steers the Court to do the unthinkable - to rule that ObamaCare is actually constitutional - there will effectively be no limits on what the federal government could do to We the People.
They might as well shred the Constitution if that happens, because a substantial portion of it will effectively be rendered meaningless.
Bottom line: Obama appointed Kagan for the very purpose of hearing this case should it ever reach the Supreme Court. She is his safety net. She openly hailed ObamaCare's passage and likely participated in helping to craft its legal defense.
Furthermore, Kagan's personal opinion is to protect and uphold Obama's abominable, liberty-crushing legislation AT ALL COSTS... even if it means turning a blind-eye to the Constitution.
Folks, we MUST join forces with the growing chorus of legal experts and those Patriots in Washington fighting for Kagan's recusal. Forcing her off the case may be our best chance for defeating ObamaCare and saving America.
This fight is NOT about politics. This is about the future of our Constitutional Republic.
Please, help us force Kagan to recuse herself and save ourselves from becoming the victims of ObamaCare.
Use the link below to flood each and every member of the Republican Leadership of the United States Senate and the United States House of Representatives with your personalized Blast Faxes. Or alternatively, you can send your urgent and personalized Blast Faxes to each and every Republican member of the House and Senate... that's over 280 Blast Faxes.
FORCE KAGAN'S RECUSAL - DEMAND IT NOW!
Yours In Freedom,
Jeff Mazzella
President
Center for Individual Freedom
Center for Individual Freedom
917-B King Street
Alexandria, VA 22314
Phone: 703-535-5836
Fax: 703-535-5838
CFIF is a 501(c)(4) not-for-profit constitutional advocacy organization
with the mission to protect and defend individual freedoms and individual rights.
Contributions to CFIF are not deductible as charitable contributions for federal income tax purposes.
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