Elena Kagan ‘Substantially Participated’ in Obamacare passage as Solicitor General according to DOJ memo

elena-kagan-scotusRecuse now Kagan! Not only does Elena Kagan need to recuse herself from the ObamaCARE case, but it appears she lied under oath in front of Congress during her confirmation process. Imagine that, a far left Marxist activist SCOTUS nominee lying under oath. According to CNSNEWS, just two months before Judiciary Committee Republicans sent Elena Kagan a series of written questions about how she would handle recusing herself from cases she might have been involved in as solicitor general. Kagan lied on the questionnaire in reference to ObamaCARE questions, answering “No.” to questions asked if Kagan had ever been asked her opinion regarding the merits, or underlying legal issues, in Florida’s lawsuit against Obamacare. Yet her top deputy wrote Kagan a memo informing her that she had “substantially participated” in Obamacare.

On May 28, 2010, 15 days after Katyal sent Kagan this memo informing her that she had “substantially participated” in the Golden Gate case–and a month before Kagan’s Supreme Court confirmation hearings started–Kagan’s office submitted a 26-page brief to the Supreme Court in the case. The brief cited PPACA by name 12 times and referred to it more generally as “the federal legislation” or “the new federal legislation” an additional 6 times.

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