OBAMA’S SUPREME COURT JUSTICE SAYS SHE HAS ONE LESS JUDGE TO SELL NOW
At least Barack Obama’s personal justice on the Supreme Court admits it. Elena Kagan says it’s her job to sell (O’s policies) to the judges – only now she has just eight of them to “close,” vs. the previous nine – when she worked (officially) for the O-man. So, was Kagan’s appointment to the High Court and the fact that ObamaCare would end up there too coincidental? Of course not – but more on that later.
Speaking at a forum last week to honor the 30th anniversary of Sandra Day O’Connor’s nomination to the Supreme Court, the Court’s newest justice said of her move from serving as the O-man’s Solicitor General to serving on the Supreme Court: “Sometimes I think that the job doesn’t really change at all.” (With the exception of now being able to leak information to her former boss from inside the Court, of course.)
As Solicitor General, Kagan’s job was to advocate for the Regime’s position in cases brought before the Court. As a justice, Kagan’s job is to judge cases brought to the Supreme Court. Apparently, she views these job descriptions as one in the same:
“So, sometimes I think that the job doesn’t really change at all – that as Solicitor General, my life was spent trying to persuade 9 people -and now it’s just trying to persuade 8 people.”
Lest you think the Rat is reading way too much into Kagan’s comment, let’s get back to the “more and that later” part. President-elect Barack Obama announced on Jan. 5, 2009 that he would nominate Kagan to be Solicitor General of the United States. The Senate confirmed Kagan on March 19, 2009. Kagan served as the Regime’s Solicitor during the time ObamaCare was proposed, debated and enacted in Congress – and immediately challenged by multiple lawsuits in federal court.
So, let’s connect all two dots: As the O-man’s Solicitor General , it was Kagan’s job to advocate for ObamaCare in cases brought before the courts – including the Supreme Court. Kagan is now a justice on the Supreme Court. The rest of the story:
The Senate Finance Committee voted 14-9 to send its version of Obamacare to the Senate floor on Oct. 13, 2009. Beginning that day – and continuing up to the time she recused herself from Solicitor General duties following her nomination to the Supreme Court, Kagan was actively involved in shilling for her boss’s “landmark legislation.” She exchanged multiple emails which clearly demonstrate her strong personal support for the Regime’s takeover of the nation’s healthcare system.
One such email was sent to inform Kagan that Republican Sen. Olympia Snow had voted for the bill in committee. After the legislation had passed in the Senate – and multiple states had indicated that they intended to file suit against the bill, Kagan exchanged emails with various colleagues advocating the formation of a group which would be tasked with developing strategies to defend Obamacare in the courts. One such email from a colleague read, “Absolutely right on. Let’s crush them.”
On March 21, 2010, the bill came up for a final vote in the House of Representatives. That day, Kagan expressed her enthusiasm about its anticipated passage in an email exchange with a fellow employee in Obama’s Justice Department: “I hear they have the votes, Larry!” Kagan wrote. “Simply amazing!”
Two days later, President Obama signed the bill and ObamaCare became the law of the land. That same day, Florida and Virginia (joined by 12 other states) filed suit against the legislation in federal court.
On May 10, 2010, seven weeks after the suits were filed, Obama nominated Elena Kagan to the Supreme Court.
If there was ever a case for recusal, this is it. 28 USC 455 says a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned,” or anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.” Hmm, let’s dissect that section of the code:
- Any proceedings in which his impartiality might reasonably be questioned: Let’s see – Kagan was a staunch supporter (publicly and behind the scenes) of Obamacare while working for the man after which it was named. I’d call that worthy of being reasonably questioned, wouldn’t you?
- Anytime he has expressed an opinion concerning the merits of the particular case in controversy: “I hear they have the votes, Larry! Simply Amazing!” sounds a tiny bit like “expressing an opinion concerning the merits of the particular case,” huh?
- While he served in governmental employment: Call me picky, but serving as the Solicitor General of the President of the United States qualifies as “governmental employment” in my book.
Obama’s nomination of Elena Kagan to the Supreme Court hardly qualifies as packing the Court – but it sure was a “timely” appointment. In reality, it was a lot more like a damn good chess move – or drafting a player to fill a hole in the defense.
Barack Hussein Obama may be a disingenuous hypocrite – but stupid, he’s not. America should be so fortunate.
Besides, if you can’t beat an “unelected group,” why not infiltrate it?