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Should Justice Elena Kagen be Allowed to Hear Obamacare Case?

WASHINGTON --Today Judicial Action Group (JAG) delivered a letter co-signed by the leaders of more than 85 citizen organizations to Chairman Lamar Smith (R-TX) of the House Judiciary Committee calling on the Committee to immediately hold hearings investigating the extent to which U.S. Supreme Court Justice Elena Kagan was previously involved in formulating the legal defense of ObamaCare. The Supreme Court accepted the ObamaCare case for review on Monday.

Documents released thus far through Freedom of Information Act (FOIA) requests by Judicial Crisis Network, Judicial Watch, and others make apparent that, during her time as Solicitor General, Elena Kagan participated as an attorney in preparing the Obama Administration's legal defense for ObamaCare.

The call for investigation comes on the heels of the Department of Justice's (DOJ) refusal to comply with a request from Chairman Smith -- made at the request of 49 Congressmen -- asking for the release of certain documents, and permission to interview two of Kagan's associates from the Solicitor General's Office.

JAG President -- Phillip L. Jauregui -- stated:

"The law in this matter is clear: a judge cannot participate in the same matter where they once acted as an attorney. Kagan admits that she was involved in communications -- and attended at least one meeting -- regarding strategy for the defense of ObamaCare. Kagan acted as an attorney and the law prohibits her from acting as attorney and judge in the same matter. The available evidence suggests Kagan must recuse; a hearing should reveal the full extent of her involvement."

Jauregui continued: "We support the House Judiciary Committee's action of requesting that the DOJ release additional materials, and respectfully urge the Committee to immediately hold hearings to investigate the full extent to which Kagan was involved."

Currently, Chairman Smith is awaiting a long overdue response from Attorney General Holder regarding production of documents and interviews of witnesses. General Holder, however, has twice refused to comply with Chairman Smith's requests, once delaying response for over three months.


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