Forty-nine members of the U.S. House of Representatives–including the chairman of the House Oversight Committee, the chairman of the Republican Policy Committee and two presidential candidates–are pointing to evidence they say is “contradictory” to Supreme Court Justice Elena Kagan’s confirmation testimony and calling for the House Judiciary Committee to investigate the matter.
The lawmakers also say they believe that evidence already made public shows that Kagan must recuse herself from any court cases involving the health care bill signed into law by President Barack Obama while she was serving as Obama’s solicitor general.
“Contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee, recently released Department of Justice (DOJ) documents indicate that Justice Kagan actively participated with her Obama Administration colleagues in formulating a defense of PPACA,” the letter said.
The initial limited number of emails released by the Justice Department in response to CNSNews.com’s FOIA request revealed that on Jan. 8, 2010–when the Obama administration first started planning to defend against what the Justice Department viewed as inevitable lawsuits against the president’s health-care bill–Kagan personally assigned her top deputy, Neal Katyal, to handle the issue.
“You should do it,” she told Katyal.
When Florida and Virginia filed suit against President Obama’s health care law the same day it was signed in March 2010, Kagan had not yet been nominated to the Supreme Court, and was acting in full capacity as solicitor general. Katyal, whom she assigned to the issue, ended up signing documents in the cases and arguing them for the administration in court.