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GOP questions ‘two-month gap’ in Kagan’s health care involvement

Thursday, December 8, 2011


The top Republican on the House Judiciary Committee said Thursday that the Obama administration is fueling speculation about Supreme CourtJustice 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 while she was serving in the administration.

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 Mr. 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, Texas Republican, said.

Conservative groups have called for Justice Kagan to recuse herself from ruling on the case challenging the constitutionality of Mr. Obama’s health care law, which the Supreme Court last month said it will consider next year.

Mr. Smith has requested a fuller explanation of Justice Kagan’s role. He said the Justice Department had denied his request but never cited any legal privilege to withhold information.

Mr. Holder told the committee that department officials tried to wall offJustice Kagan from conversations once they knew she was under consideration for the Supreme Court.

“My memory is whenever we had conversations about the health care bill, then-Solicitor General Kagan was not present,” he said.

But Mr. Smith said that walling off wouldn’t have occurred until March, leaving the two-month gap he questioned.

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  • http://Q@A mary howland

    what a bunch of duffices that applauded the speech that our way of living never worked. how about the jobs that were held. The 70s and 80s were great years for employment everyone I knew that wanted to work there was work. In the nineties there was work. Our country was in good shape. capital economy was working very well. It is only now that we are in a sorry state but look who put us there. I was doing well before the 4,8 trillion.which I totally give Barry soetoro credit for. His speech was nothing but lies and these half wits that listened and agreed needs some mental help.

  • http://Q@A mary howland

    Kagan needs to be completely exiled from this country. A person in her position is crapping on our constitution. She took an oath to uphold the law not her own laws but ours. She is a liar. She is holding back evidence of national secrity. excusing herself from the meeting is not enough. She should be ousted.

  • http://fox granny

    Kegan was put in the supreme court to vote for obama. She should be thrown out on her head. A lot of the Democrats are a bunch of crooks and should all be put in jail. I have never saw so much corruption in government. Lord help us.


    Obozzo admitted to being a marxist communist in his Kansas speech and needs to be impeached.
    If the comgress would get off their butts and do their job Kagan would be mute issue as she would go automatically if Obozzo was impeached.
    Call your reps and give them hell !!!!!

    • Dale

      Old Dad, I whole heartedly agree with you, Every citizen in this country needs to put both of their feet in their Senators backs and keep them there untill they get the job done Check out the web site campaigntodefeatobama and listen to his and Michele’s speaches pluse there is a lot of other stuff there on Odumbo

    • Peter S. Chamberlain

      Check the Constitution. Even if Obama were to be impeached, which isn’t about to happen, whether you or I like him or not, and I don’t, this would not affect Justice Kagan’s life tenure on the Supreme Court.
      It is going to take a lot more than a justice having supported a law while in the administration to convince them to recuse themselves, or to convince the rest of the Court to disqualify her. Check the history and precedents on this. Douglas and Frankfurter had been active in crafting and administering New Deal legislation.

  • jerry1944

    i dont think we will beat back the health plan unless we put lot more conservatives in congerss and the senate with that goal in mind. The GOP does lots taliing but look who they put for president romnney who is for a plan and newt who thought it a good plan at one time front runners hehehee I sure glad in am a Bachmann supporter

    • Willing to die for my Country

      Forget who you support once the nomination is secured, I am voting for that Republican no matter how much I like or dislike him/her. I will not waste my vote due to the fact my chosen candidate didn’t get the votes, ANYONE is better than staying at home and GIVING Obama another 4 years!!!! If Paul runs as an independent, he will NEVER get my vote again, even if he was running for City Manager.

  • Jackiesue

    I do not understand how the Federal Government Departments can refuse a FOIA (freedom of information) request. I am an elected Clerk and if I don’t fill FOIAs or refuse them (other than a few because of privacy, medical etc.) I would go to jail. FOIA is the law. You have deadlines to respond to. There is VERY little that cannot be FOIAed. More reason to fire people and imopeach.

  • DH

    It is sad that we have a person like Kegan on the supreme court. And the trouble relates directly to the lack of scrupples among democrats. She is no different. In fact, she is one of the worst. When are we going to get people like her out of government?

  • Bill

    The republicans could have fought harder to prevent her appointment, but they did not and now we are stuck with her for the next 30 or 40 years. What politican has the guts to attempt to Impeach her?

    • NIKI

      Bill, a congress that works for the people and not their own agenda. That woman should NEVER have got on the Supreme Court. The congress can get rid of people on the supreme court so I have read. This woman is part of the Health Care forced on the American people and Obama said he needs another 4 to make sure it goes through..

    • Peter S. Chamberlain

      I can’t imagine where you read that, because it’s just not true. Go to the source, U. S. CONST. Art. III Sec. 1. All federal judges and justices have life tenure. The impeachment process is not much help here as the Senate knew or should have known all about any Justice before they voted to confirm her.

    • Remington 870

      Bill…the GOP is gutless and you are correct that they could have fought harder to keep the Bull Kagan out. The GOP was and is now naive about Obama. The idiots believed Obama was and is someone they could work with. And where has that gotten them? That idiot Boehner is still trying to be Obama’s buddy. Time to flush the old GOP establishment down the toilet and get new fresh conservatives.

  • robert

    to elena kagan you are suppose to up hold the law,you madam our not above the law and your deeds are a slap in the FACE TO ALL LAW ABIDING AMERICAN CITIZENS,and should leave the bench and not disgrace the legal american tax paying citizens any farther.its we the people madam not you the people.try some magic and disappear.

  • Larry

    this womans closest relative is in a barn yard animal pin where she should be returned to.

  • Sunny

    The only reality show Americans should be watching, are the congress and senate in session. Only by watching the people we elect speak to issues, can we see their true colors. It is amazing the lack of logical thought and ability to reason we will see there. By watching and hearing questions asked and answered do we see the lies, corruption, and out right stupidity of some of these people. Today as well as the other times Holder spoke to the committee do we see his outright lies and misleading answers. Holders answer to almost all questions is “I am not aware of that”…I don’t know…we don’t know..What is the man doing in that office if he is so oblivious to anything within his dept.?

  • http://Q@A mary howland

    hope you people have more honest or at least american loving senator than ohio has. Brown will not answer anything you ask him only comes up with some dribble of what his party is doing for America. He is just another person in office with his koolaide drink beside him. If you do e mail them and tewll them to get on the ball and get thease people . holder Obama kagan Jackson brought in for investigation on this gun running. This is a criminal act. Also the immoral stance obama is taking trying to get other countries to adopt his homosexual ality on them and inviting homosexuals from other countries to come here. This man is insane. We have enough cases of aids already. This is only bringing in more trouble.

    • NIKI

      Mary, his biggest support is for The Muslims not the Americans and they do not believe in Homosexuality at all. They believe they should be killed just like infidels. Did anyone noticed he has taken the American Flag off Airforce One that he travels on? We must tell the truth as it is and make sure we have poll watchers in all states.

  • http://Warner D121212

    This is just one more strike against our form of government that this crew in power is taking to bring our government down, down, down. Starting with Obama, Clinton, Kagan, Holder, Pelosi, Reed, and the list goes on and on. All re working at a feverish pace to destroy this government. So what if there is 20 minutes left out of her recordings. Impeach her and let the government be done with her. Don’t screw around with trying to get her to do something, impeach her and let the world say ‘good riddance’. We will all rejoice when she’s gone.

  • edward

    The democrat will NEVER tell the truth about Keagan………….only the Supreme Justice of the Coirt can do anything about her……IF HE HAS THE BALLS.

  • Paladin

    Kagan MUST recuse herself. Any decision on this matter with Kagan sitting in her chair will always be suspect.

    To ensure the integrity of the office she holds, and the Surpeme Court as a whole, Kagan must recuse herself.

    • Captain PJ

      Kagan will NEVER recuse herself and unfortunately, there is NO law which requires her to do so. Even if there was evidence that she wrote the entire legislation herself (she didn’t or course) it would still be entirely up to her to recuse herself. This woman doesn’t interpret “honor and integrity” the same way as we do–she is an “activist” progressive judge.

  • http://google Leonard W. Giddens

    Any dumb a## knows they did not put their hands on that woman to remove her or for any other reason. Why should they believe anythings this liar has to say? Where does these people come from?

  • PAUL


  • Jane

    Obama must be impeached for not being a ‘natural born citizen’ so Kagen and Sotomeyer are thrown out also. We must take America back NOW!

    • Willing to die for my Country

      Obama should be impeached due to his actions, that alone would be enough to get that blow hard out of office. It is obvious he is changing our country into some ideal of Marxism and by ignoring our constitution which he promised to uphold was just more lying than I could bear. BTW-Since he never lived in Cincinnati, why does he have a Social Security care from there?

  • Gwendolyn

    The biggest mystery is; WHY hasn’t Obama been arrested yet? His oath to uphold our Constitution has been broken for most of his time in office. His Czars are not legal, as far as I’m concerned. His “Executive Orders” have been a reach, and have become the order of the day with him. He is a rogue, an illegal citizen of Indinesia, and a Muslim supporter( as he was raised to be), and is hellbent on destroying our United States from within our own government. His aim is to bring us to a third world Government where he can rule as Dictator. He must surely be the prophesied final key to the coming of Christ, who will defeat him and his false Gods.