It looks like an open-and-shut case to me. If Kagan stays on, it will be a new low in the history of our judicial stystem.
On Sunday, March 21, 2010, the day the House of Representatives passed
President Barack Obama’s Patient Protection and Affordable Care Act,
then-Solicitor General Elena Kagan and famed Supreme Court litigator
and Harvard Law Prof. Laurence Tribe, who was then serving in the
Justice Department, had
an email exchange
in which they discussed the pending health-care vote, according to
documents the Department of Justice released late Wednesday to the Media
Research Center, CNSNews.com's parent organization, and to Judicial
Watch.
According to 28 USC 455, a Supreme Court justice must recuse from
“any proceeding in which his impartiality might reasonably be
questioned.” The law also says a justice must recuse anytime he has
“expressed an opinion concerning the merits of the particular case in
controversy” while he “served in governmental employment.”
CNS News
Image of Simcha Felder by gothamschools via Flickr
