Elena Kagan Breaks Federal Law By Hearing ObamaCare Case, Republicans Silent

Barack Obama Elena Kagan SC Elena Kagan Breaks Federal Law By Hearing ObamaCare Case, Republicans Silent

Supreme Court Justice Elena Kagan will be in clear violation of federal law by virtue of her decision to hear the Affordable Care Act case coming before the Supreme Court today.

Upon joining the other justices to hear oral arguments she will fracture the federal statute which demands that judges recuse themselves from participation in a case “where he has served in governmental employment and in such capacity participated as council, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.”

And according to emails obtained by the Media Research Center as the result of a 2010 Freedom of Information Act lawsuit against the DOJ, not only did she advise DOJ attorneys and express opinions concerning the merits of ObamaCare, she lied to the Senate Judiciary Committee during her confirmation hearings by answering “No” when asked specifically if she had any involvement in preparing the government’s defense for ObamaCare.

ObamaCare was signed into law By Barack Hussein Obama on March 23rd, 2010 while Kagan was United States Solicitor General, a month and a half before she was nominated to the Court. As Solicitor General it was Kagan’s sole responsibility to represent the Department of Justice and federal government in actions coming before the Supreme Court.

And although Eric Holder testified before a senate committee that Kagan was “physically removed from the room” whenever the subject of ObamaCare was to be broached–no doubt an untrue statement anyway—such a claim was not to the point.

For typical of the calculating minds of those who live by deceit and deception, it apparently never occurred to members of the Regime who saw Kagan as a sure fire Supreme Court vote for ObamaCare that the right thing was to have her do her job as Solicitor General and then properly and legally recuse herself when on the Court!

Of course this begs the question whether Kagan would have been nominated to the Court had her guaranteed decision in favor of ObamaCare not been the key point in her favor!

But Barack and his minions were going to have it BOTH ways. They would benefit from Kagan’s work in preparing the DOJ for upcoming ObamaCare fights in federal court and benefit yet again from her ruling the Act “Constitutional” when it finally came down to the decision of the 9 Justices in DC!

And why not! Obama clearly had nothing to fear from media reprisals. And the Republican Party had thus far permitted a Manchurian Candidate to smuggle guns to Mexico, make illegal recess appointments, ignore congressional subpoenas and brazenly trade tax dollars for campaign cash.  Why would their craven behavior change now!

And it looks as though Barack will indeed get away with having his cake and eating it too! For with the scant few exceptions of Senator Jeff Sessions and Congressman Lamar Smith, there has been no outcry by members of the Republican Party, ensuring smooth sailing for the decision everyone knows Kagan will “phone in.”

No consequences for Elena Kagan. No spine in the Republican Party. And the liberty which still remains to the American people will depend upon all five non-Marxists on the Court doing the right thing.

Supreme Court Justice Thomas Clark made this observation in his majority opinion in the 1961 case Mapp v Ohio:

“Nothing can destroy a government more quickly than its failure to observe its own law, or worse, its disregard for the charter of its own existence.”

There can be no better example of the truth inherent in Clark’s warning than that exemplified by the Obama Regime.


Additional reading:

(1) http://www.nationalreview.com/bench-memos/291832/kagan-must-recuse-herself-obamacare-case-sen-jeff-sessions

(2) http://cnsnews.com/news/article/judiciary-committee-launches-probe-kagan-s-involvement-obamacare

(3) http://www.theblaze.com/stories/judiciary-committee-probes-justice-kagans-role-in-obamacare-at-gops-request/

(4) http://dailycaller.com/2011/05/18/new-documents-suggest-supreme-court-justice-elena-kagan-involved-with-crafting-legal-defense-of-obamacare/

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  1. Whatever their reason for being silent is going to come back and bite them in the butt starting this fall! Better they realize it now than be surprised in November, and in the November 2 years from now. But, even when they campaign on what they think government should be does NOT necessarily reflect what they will actually do once in office. The new governor in our state of SC got elected on being so positive on governmental transparency and she is as muddy as we've ever had. Our state is in the top five states of non-transparency!

    • Never happen Bonita. He's going to get back in and we are TOAST. Just prepare yourself mentally for camp.

  2. We do not have a two party system of government. We have as Pat Buchanan said, two wings of the same predatory bird. The Supreme Court is nothing more that a legislative branch. All of the weird things that this country now suffers was forced upon the country by the SC. If anyone thinks the SC is going to not approve Obamacare you have not been paying attention.

  3. Just 1 more of many laws broken so far by our government! Many more to follow.

    • Well remember what he told the Russian leader yesterday…AFTER he's re-elected, this will be his last election, he will have more flexibility. HOW can people stand by and let this fraud get away with this nonsense? He has flipped us off from day one…and Kagan was put on that stinking fraud of a court for this very reason…Obama's mouthpiece. And an ugly sucker she is…he sure likes his gay women to look like it doesn't he? He's a pig…PIG OBAMA…YOU ARE A PIG!!! And she's an oinker just like him. There will be no getting rid of him….

  4. all Obama friends and cabinet look like rats. Just look at that picture of him signing the no care bill. looks like a pack of rats

    Jack in Virginia

  5. Edwardkoziol says:

    What else would you expect from on Obummer appointee.Kagan has no ethics and that is why the oreo appointed her and besides that she's ugly and should be haunting houses instead of sitting on the supreme court along with Sotomayor and Ginsburg.The republicans lost their balls along time a go and they're afraid to go after kagan because the liberal socialist democrat party will go after Thomas

  6. Obama was going to get a vote for his Obamacare anyway. Anyone who is papointed by him has to pass a litmus test of being truly Obamanite. Yes, Kagan should be impeached for her obvious and blatant collusion. So should Obama! There seems to be key Obama supporters in key positions, some blackmail and the apparent spinelessness of some Republicans. Not all by any means, but enough to make it impossible to impeach.

    Thank God, Santorum is making being attention to the opposition to Obamacare! He is not spineless!

  7. Sorry but this is bull crap for it to be illegal and nothing at all said. Such a sorry sack of A-HOLES we have in congress.

  8. typical communist .Show you what they will do to the constitution if the chief commie is reelected.

  9. delbert e. balling says:

    Lets pray that we get rid of obama and his crooks, and then throw all of them in prison for all the charges they deserve.

  10. I've said it before & I'll say it again. Politicians don't give a damn about the law, or the constitution. Only the legal citizens must obey, the members of congress, the courts, & many of the wealthy are exempt.


  12. We have been duped to the highest degree and Congress just sits in silence. Obama has now corrupted the highest law of the land so there is'nt much else to corrupt in America.

    • jon graham says:

      moron why do you think he put her there? and all the others he picked. he knew this was coming and wanted to make sure it went his way.. if the american people had any brains he is out .but the people are fools

  13. Carl Manning says:

    The GOP long ago was co-opted by the Democrats. So few of you understand this much to our chagrin and inevitable destruction. 3rd party or DIE!

  14. Obama care is a pay back to the insurance companies for the millions of dollars they have given them. It is also a power grab by Obama and the democrats. You get the program they get the government. More government less freedom.

  15. OBama has gotten his way all the time he has been President. The Republicans in Congress are no better than the Democrats. They have done nothing to bring Obama to justice.

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