There are plenty of Republican congressmen and senators who believe that associate justice Elena Kagan should recuse herself from the upcoming Supreme Court case involving the constitutionality of Obamacare because of her service as Solicitor General.
Emails released last summer clearly showed that Kagan's interest in Obamacare exceeded the threshold by which judges should voluntarily recuse themselves:
The wrestling match over whether Supreme Court Justice Elena Kagan should recuse herself from any Supreme Court cases challenging ObamaCare continues. Since a series of emails between then-Solicitor General Kagan and her principal deputy, Neal Katyal, were made public this summer, questions have continued to percolate over whether Ms. Kagan's involvement in the case as an Obama administration official was substantive enough to warrant her recusal.
Back in July, some 49 members of Congress signed a letter asking DOJ to produce certain documents on then-Solicitor General Kagan's involvement with the ObamaCare case. Four months later the Justice Department wrote back declining to produce the documents. In that letter, Assistant Attorney General Ronald Weich explained that the department has "grave concerns about the prospect of a congressional investigation into the pre-confirmation activities of a sitting Supreme Court Justice." Justice Kagan, he added, had addressed the issue of her ObamaCare involvement during her confirmation hearings.
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