In 2005, Elena Kagan was the Dean of the Harvard Law School and Barack Obama was a freshman US Senator. Obama visited Harvard to speak to a Law School luncheon. Below is a link to the introduction given by Kagan in which she volunteers that she is already quite "political." So much so that she attended every session of the 2004 Democratic National Convention in Boston where she was "mesmerized" when Obama simply "opened his mouth (and)said a few words." Kagan attributes Obama's supernatural qualities to the "rock star qualities he has: the eloquence, the magnetism, the great looks, the brilliance..."
Fast forward a few years and Barack Obama is President, and Elena Kagan's adulation paid off. She became Obama's Solicitor General, the President's counsel, on her way to the pinnacle for any lawyer, a lifetime appointment to the Supreme Court of the United States.
In a few months, the SCOTUS will decide the fate of Obama's legacy legislation, ObamaCare, and in so doing will determine whether government has the power to mandate products that an American citizen must buy and thus control every piece of our daily lives. As it relates so enormously to individual liberty and freedom and the restraint on government's power over the citizen, many believe this to be the most significant case to come before the Supreme Court since Roe v. Wade.
The law provides that a judge is to recuse themselves from a case if their "impartiality might reasonably be questioned," or if they have "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 or controversy."
Republican Senators McConnell, Grassley, Kyl, and Lee in a November 18, 2011 letter to Attorney General Eric Holder pointed out that Kagan's involvement with ObamaCare "may satisfy both requirements for recusal."
Republican House and Senate Judiciary Committee Members have repeatedly requested for months that the Justice Department provide information related to Kagan's involvement with the case so that public confidence in the judiciary can be maintained, but Attorney General Eric Holder has stubbornly refused. The DOJ even went so far as to characterize the requests as "unseemly."
Yesterday when questioned about Kagan's recusal, Jay Carney, Press Secretary for the President, offered the ridiculous response of "it's a mystery to me" why anyone would even raise the issue.
In previously published articles, we have documented the considerable evidence that as Solicitor General Kagan was by her own insistence "heavily involved" in crafting the legal defense strategy for ObamaCare. Any feigned objectivity regarding her impartiality about ObamaCare is shattered by an email she sent to Larry Tribe, a Justice Department official entitled "fingers and toes crossed today!" with the celebratory text saying, "I hear they have the votes, Larry!! Simply amazing."
A coalition of 85 citizen groups have urged Congress to hold hearings on the Kagan recusal and properly frame the issue: "...a reasonable person would certainly have sufficient basis to question the impartiality of Justice Kagan if she were permitted to prepare the defense of a case as an advocate and then switch roles and judge the defense of the same case as a justice."
There should never have been any doubt why Obama nominated Kagan to the SCOTUS. He wanted and got an activist judge that would advocate for his agenda immediately and long after his term in office would end. Preserving the Constitution and the Rule of Law is immaterial to Obama and Kagan; this is about "transforming America" and it should cause every patriotic citizen to shutter at what is unfolding before our eyes.