Obamacare: Is the Deck Stacked on Supreme Court?

The following newsletter is from U.S. Congressman John Fleming.  It deals with the issue of whether or not Supreme Court Justice, Kagan should be recused from hearing the challenge of Obamacare when it comes to the Court early next year.

Dr. Fleming has been actively fighting the PPACA from day one and introduced H.. Res. 615 on July 8th, 2009 which states:

Expressing the sense of the House of Representatives that Members who
vote in favor of the establishment of a public, Federal Government
run health insurance option are urged to forgo their right to participate
in the Federal Employees Health Benefits Program (FEHBP) and agree
to enroll under that public option.

Next year the U.S. Supreme Court will render one of the most important rulings of our lifetimes when it decides whether the government can force Americans to buy health insurance or face a fine. I’m glad the high court has agreed to hear this challenge, but I’m concerned that Supreme Court Justice Elena Kagan will not be impartial.

You may remember that Justice Kagan was President Obama’s Solicitor General, the attorney who represents the federal government in cases that come before the Supreme Court. In recent months it has become clear that she played an active role as the Obama Administration was preparing its legal defense for health care reform. She cheered its passage, designated her top deputy to oversee its defense, and both received and responded to emails about Obamacare litigation.

In Congress, I have led the call for the release of any documents that would shed light further light on this crucial matter. However, the Justice Department has called our requests for information “unseemly,” and refused to cooperate.

They have insisted that SG Kagan was “walled off” from Obamacare deliberations and decisions. If that’s the case, then they should tell us how it was done. Was there a gatekeeper? What were the instructions? How did they prevent emails from going to her? These are easy questions to answer. Their silence is self-condemning.

Ultimately it will be up to Justice Kagan to decide whether or not she will recuse herself from a case involving legislation that she already actively supported. The law is clear. A federal judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” That’s the threshold. Is it reasonable to look at Justice Kagan’s previous involvement with the Obama Administration and health care reform and have reasonable questions about her impartiality? I think the evidence is clearly pointing what way.

What do you think? I’m asking you that question in a poll on my website: Do you believe there is already reasonable evidence to question Justice Kagan’s impartiality on Obamacare, and should Congress continue to press for more documents on this matter? Please go to my website and register your preference.

Ultimately, I believe that we still need a full repeal of the unconstitutional health care reform law, with market-based solutions put in its place. I will continue to work hard toward that end on Capitol Hill.

Sincerely,

JOHN FLEMING, M.D.
Member of Congress

P.S. If you’d like more information, please take a minute to visit my website at www.fleming.house.gov or follow me on Facebook at www.facebook.com/repjohnfleming or on Twitter at www.twitter.com/repfleming
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See a related post at:  http://commonsensepost.com/2011/11/21/senate-gop-leaders-to-holder-your-kagan-testimony-belied-by-the-facts/

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About Alan Berkelhammer

Opinions are my own and are not necessarily those of any organization or group.
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