Kagan Assigned DOJ Lawyer Who Argued Obamacare Cases In Appeals Courts | CNSnews.com

Kagan Assigned DOJ Lawyer Who Argued Obamacare Cases In Appeals Courts | CNSnews.com

The law 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.”

It also states that any justice, judge or magistrate “shall also disqualify himself … [w]here he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceedings or expressed an opinion concerning the merits of the particular case in controversy.”

If Kagan, as a Supreme Court justice, sits in judgment in the health-care cases now being argued by the former deputy she assigned to handle these cases, and that he started handling while she was still his boss, might her “impartiality” be “reasonably questioned?”...

On the morning of Friday, Jan. 8, 2010, Brian Hauck, senior counsel to Associate Attorney General Tom Perrelli, sent Katyal an email. “Hi Neal,” Hauck wrote. “Tom wants me to put together a group to get thinking about how to defend against the inevitable challenges to the health care proposals that are pending, and hoped that OSG [Office of Solicitor General] could participate. Could you figure out the right person or people for that? More the merrier. He is hoping to meet next week if we can.”

Katyal had apparently already made up his mind about where he stood on the constitutionality of the not-yet-enacted Patient Protection and Affordable Care Act. He instantly fired an email back to Hauck. “Absolutely right on. Let’s crush them,” he said.

Immediately after that, Katyal forwarded Hauck’s email to his boss, Solicitor General Kagan. In that email he indicated he would like Kagan to assign him to handle the expected health-care litigation.

“I am happy to do this if you are ok with it,” he told Kagan. “Otherwise [Deputy Solicitor General] Ed [Kneedler] would be the natural person. Or both of us.”

It did not take Kagan long to decide who she wanted to handle the health-care litigation. She granted Neal “Let’s Crush Them” Katyal his wish. Less than two and a half minutes after she got his email, she sent Katyal a response. “You should do it,” she said.

The remaking of The Supreme Court to the Obama Supremacist Court!