WHY KAGAN MUST RECUSE HERSELF WHEN SCOTUS HEARS OBAMACARE CASES

This is the only course of action open to an honest justice. No matter how many whoppers she and her masters in the White House tell, she was clearly involved in orchestrating the administration’s strategy for fighting the ObamaCare challenges. In fact, she assigned at least one of the DOJ lawyers to the defense team—Neal Katyal.

[Katyal] traveled to the U.S. Court of Appeals for the 6th Circuit, located in Cincinnati, Ohio, and defended President Barack Obama’s health-care-reform law against a challenge that had been filed by the Thomas More Law Center.

And …

Back on May 10, Katyal also argued for the administration in the U.S. Court of Appeals for the 4th Circuit in Richmond, Va., against challenges to the constitutionality of the health-care law. There the suit had been brought by the state of Virginia and Liberty University.

And …

Katyal has also signed multiple briefs and legal documents that the administration has filed in various federal courts in defense of the constitutionality of the health-care law.

So … What does the law say Kagan should do?

There is a federal law … 28 U.S.C. 455 … states that any ‘justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned.’

Anyone think that Kagan’s impartiality might be questioned? Of course. In fact, anyone with any sense of propriety would take for granted that she would recuse herself. But this is the Obama administration we’re talking about here. A primary characteristic of this crowd is their sheer contempt for the rule of law.

So, when ObamaCare finally winds up before the Supremes, you can bet Kagan will be sitting in judgment and pretending that her obvious conflict of interest is just a product of the conservative imagination.

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