Documents Show Elena Kagan’s Conflict of Interest on ObamaCare

Documents Show Elena Kagan’s Conflict of Interest on
ObamaCare

May 18th, 2011

Ben Johnson, The White House Watch

Documents uncovered by a legal watchdog group prove Supreme Court Justice
Elena Kagan was involved in the Obama administration’s legal defense of the
Patient Protection and Affordable Care Act, otherwise known as “ObamaCare.”

Judicial Watch has released
a number of administration communiqués that show Kagan, who was then Solicitor
General, presided over the president’s response to lawsuits asserting the
government health care bill is unconstitutional.

On January 8, 2010, Brian Hauck, Senior Counsel to Associate Attorney General
Thomas Perrelli, wrote to Kagan’s deputy, Neal Katyal, asking for the office’s
assistance in “how to defend against the inevitable challenges to the health
care proposals that are pending.” Three minutes later, Katyal replied,
“Absolutely right on. Let’s crush them. I’ll speak with Elena and designate
someone.” After Katyal volunteered, Kagan responded, “You
should do it.”
[1]

A few hours later, Katyal updated Hauck, writing, “Brian, Elena would
definitely like OSG [the Office of Solicitor General] to be involved in this set
of issues.” Katyal added,”I will handle this myself, along with an Assistant
from my office, (Name RedactedBJ), and we
will bring Elena in as needed
.”(Emphasis added.)

The Justice Department continues to withhold a series of e-mails that would
disclose Kagan’s exact role in the negotiations. However, it has turned over the
Vaughn
index
, which describes the items being stonewalled in general terms. These
include….

Read
more
.

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