Monday, June 25, 2012

The Case Against Elena Kagan

I'm prepping for an interview tomorrow that should be up here in about 24 hours.  For that, I've focused on Elena Kagan's participation in the Obamacare case before the Supreme Court.  While I'm not a lawyer, to my (admittedly amateur) reading of the evidence and the law, Elena Kagan had no business hearing that case in the first place.  In not recusing herself in this case, Elena Kagan broke federal law.  Elena Kagan needs to be impeached; whether this actually happens is a political question, not a legal one.

According to this report from the Judicial Crisis network Elena Kagan:

- Personally got the Office of the Solicitor General involved early in the process

- Made Key Staffing Decisions

- Was part of the early planning for the Obamacare defense.

- She was clearly required to recuse herself under 28 U.S.C. 455 (b) (3) and (a)

- She didn't recuse herself.

According to my reading of just these facts, Elena Kagan broke the law by hearing the Obamacare case in the first place.  Article III, Section one clearly states federal judges "shall hold their Offices during good Behavior."  Thus, at least to me, it seems that Elena Kagan has clearly committed an impeachable offense.

This is now a political question, not a legal one.  I'm not suggesting impeaching Elena Kagan will be easy or fun.  Impeaching Elena Kagan will unleash a firestorm on anyone who pursues it.  Unfortunately, it's necessary.  Elena Kagan's willingness to hear a case where she had previously served as an advocate calls into question her impartiality in all future cases.

With political courage, this is both a necessary and a winnable fight.

Am I missing anything?!?

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