Thursday, July 15, 2010

CNSNews.com - Senate Republicans Demand Answers from Kagan on Whether She Must Recuse Herself from Constitutional Challenges to Obamacare

CNSNews.com - Senate Republicans Demand Answers from Kagan on Whether She Must Recuse Herself from Constitutional Challenges to Obamacare: "(CNSNews.com) - All seven Republicans on the Senate Judiciary Committee sent a letter today to Solicitor General Elena Kagan demanding information about whether she at any time as a member of the Obama administration discussed the suit filed by Florida and numerous other states challenging the constitutionality of the health-care law signed by President Barack Obama--an action that under federal law could require Kagan to recuse herself from the case if she is confirmed as a justice and it comes before the Supreme Court.

In the letter, the Judiciary Committee Republicans pose 13 questions to Kagan. The first seven directly probe whether she was in anyway involved in the administration’s planning or response to the lawsuit brought against Obamacare by Florida and other states. Questions eight and nine probe whether she discussed the underlying constitutional issues involved in the health care legislation. Question ten asks her why she should not recuse herself from ruling on Supreme Court challenges to the health-care law if she discussed it or the underlying constitutional issues during her service in the Obama administration.

“If your answer is 'yes' to any of question (1) to (9) or you were otherwise consulted regarding Pub. L. No. 111-148 [the health-care law],” the senators ask, “will you recuse yourself from any related case, should you be confirmed?”

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