Supreme Court Justice Elena Kagan must recuse herself from deciding the Constitutionality of the health care law Congress passed last year, a Georgia Congressman said.
“The President’s health care law – now headed to the Supreme Court – is a threat to America’s health care system and the principles of affordability, accessibility, quality, responsiveness, innovation, and choices,” U.S Rep. Tom Price, R-Ga., said in a statement. “It is important that the Court has agreed to hear this case. Unfortunately, hanging over this judicial challenge is the question of whether Justice Elena Kagan ought to recuse herself.”
Kagan served as solicitor general when Congress passed the law. E-mails obtained by Judicial Watch indicate Kagan made positive comments about the law when it was passed.
“Questions remain about legitimate concerns regarding her involvement in the Obama Administration when the legislation and legal defenses were being drafted,” Price said. “Those questions must be answered.”
Added Price: “The law states that a justice must recuse anytime he/she has ‘expressed an opinion concerning the merits of the particular case in controversy’ while serving ‘in government employment’. Justice Kagan must address this honestly and recuse herself if she had any involvement in the matter.”
Georgia is one of 26 states suing over the health care law. The Supreme Court is expected to rule by next summer.
