Ben Johnson, The White House Watch
Documents uncovered by a legal watchdog group prove Supreme Court Justice Elena Kagan was involved in the Obama administration’s legal defense of the Patient Protection and Affordable Care Act, otherwise known as “ObamaCare.”
Judicial Watch has released a number of administration communiqués that show Kagan, who was then Solicitor General, presided over the president’s response to lawsuits asserting the government health care bill is unconstitutional.
On January 8, 2010, Brian Hauck, Senior Counsel to Associate Attorney General Thomas Perrelli, wrote to Kagan’s deputy, Neal Katyal, asking for the office’s assistance in “how to defend against the inevitable challenges to the health care proposals that are pending.” Three minutes later, Katyal replied, “Absolutely right on. Let’s crush them. I’ll speak with Elena and designate someone.” After Katyal volunteered, Kagan responded, “You should do it.”
A few hours later, Katyal updated Hauck, writing, “Brian, Elena would definitely like OSG [the Office of Solicitor General] to be involved in this set of issues.” Katyal added,”I will handle this myself, along with an Assistant from my office, (Name Redacted – BJ), and we will bring Elena in as needed.”(Emphasis added.)
The Justice Department continues to withhold a series of e-mails that would disclose Kagan’s exact role in the negotiations. However, it has turned over the Vaughn index, which describes the items being stonewalled in general terms. These include….