The House Judiciary Committee has launched an inquiry into Associate Supreme Court Justice Elena Kagan’s involvement in the health care overhaul at the request of 49 Republican House members.

The probe will examine whether Kagan, who served as President Barack Obama’s solicitor general prior to her Supreme Court nomination, will be required to recuse herself for cases challenging the health care law, and the accuracy of her answers to the Senate Judiciary Committee during her confirmation hearings last July, CNS News reported.

In a letter to Attorney General Eric Holder on Wednesday, House Judiciary Chair Lamar Smith (R-Texas) requested “relevant documents and witness interviews in order to properly understand U.S. Supreme Court Associate Justice Elena Kagan’s involvement in health care legislation or litigation while serving as United States Solicitor General.” Smith requested they be made available by July 29.

Federal law bars Supreme Court justices from being involved in cases where their impartiality could be questioned or they previously served in an advisory capacity related to the case at hand.

Rep. John Fleming (R-La.) led 48 of his Republican colleagues in a letter to Smith and House Judiciary Committee ranking member John Conyers (D-Mich.) on June 24, pointing to statements made during her hearings the House members called “contradictory” to released Justice Department documents and urging an investigation.

Kagan said in written responses to the Senate Judiciary Committee that she had no involvement in developing the government’s legal responses to the health care law and was never asked her views or offered them, according to the Washington Times.

Fleming issued a statement Thursday applauding Smith’s request to Holder:

“I am confident that this investigation will uncover even more evidence that Justice Kagan was involved in Obamacare defense activities, contrary to her Senate confirmation testimony. How can any reasonable person believe that Justice Kagan can be impartial on ANY Obamacare case if she was involved in formulating a defense of this destructive law?

Video:  Rep. Fleming Discusses Call For Kagan Investigation

Posted on July 7, 2011 at 2:49pm by Madeleine Morgenstern Madeleine Morgenstern

Source:  The Blaze

About Ask Marion

I am a babyboomer and empty nester who savors every moment of my past and believes that it is the responsibility of each of us in my generation and Americans in general to make sure that America is as good or even a better place for future generations as it was for us. So far... we haven't done very well!! Favorite Quotes: "The first 50 years are to build and acquire; the second 50 are to leave your legacy"; "Do something that scares you every day!"; "The journey in between what you once were and who you are becoming is where the dance of life really takes place". At age 62 I find myself fighting inoperable uterine Cancer and thanks to the man upstairs and the prayers from so many people including many of my readers from AskMarion and JustOneMorePet... I'm beating it. After losing our business because of the economy and factors related to the re-election of President Obama in 2012 followed by 16-mos of job hunting, my architect-trained husband is working as a trucker and has only been home approximately 5-days a month since I was diagnosed, which has made everything more difficult and often lonely... plus funds are tight. Our family medical deductible is 12K per year for two of us; thank you ObamaCare. But thanks to donations from so many of you, we are making ends meet as I go through treatment while taking care of my father-in-law who is suffering from late stage Alzheimer's and my mother-in-law who suffers from RA and onset dementia as well as hearing loss, for which there are no caretaker funds, as I continue the fight here online to inform and help restore our amazing country. And finally I need to thank a core group of family, friends, and readers... all at a distance, who check in with me regularly. Plus, I must thank my furkids who have not left my side through this fight. You can see them at JustOneMorePet.
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