Thursday, July 7, 2011
The American Spectator: Self-recusal is the only honest course of action open to Justice Kagan if any of the constitutional challenges to ObamaCare reach the Supreme Court. As Solicitor General she was clearly involved in orchestrating the administration's legal strategy for warding off such lawsuits and, as a Supreme Court nominee, she expressed sympathy with the views of the defendant. It’s not even a close call for anyone with respect for the Court and concern for public confidence in our legal system. But this is the Obama administration we're talking about here. So, when PPACA finally winds up before the Supreme Court, it is probable that Kagan will be sitting there with the honest justices and pretending that her obvious conflict of interest is just a product of the conservative imagination.