Elena Kagan cannot be an unbiased judge of ObamaCare.
The standard for recusal holds that if a judge has participated as counsel in a case, they cannot rule on it.
Prior to her nomination to the Supreme Court, Kagan served as Solicitor General — the government's lead lawyer before the Supreme Court. Email communications document that Kagan ordered her staff to become involved in crafting a legal defense for ObamaCare, even before the law passed.
Released emails show Kagan definitely wanted her office involved in the defense of ObamaCare, was included in email discussions of defense strategies, and it was suggested she attend closed-door meetings on strategy. When Kagan became a nominee to the Court, she urged others to "coordinate" with her should any questions arise about her involvement, requesting they say nothing without talking to her.
Because of her work as Solicitor, General Kagan has rightly recused herself from 29 of the 82 cases the Court heard in her first term, and 69 cases in this current term, including the high-profile Arizona immigration law case.
But she hasn't recused herself from the case hearing the constitutional challenges to ObamaCare, even when her conflict of interest is as great with ObamaCare as it is with these other cases.
It's clear that she can't be unbiased and it's clear that she can't be fair. It's clear she can't fairly judge a law when she helped craft the defense's argument.
Tell Elena Kagan it's time to do the right thing… it's time for her to recuse herself from ruling on ObamaCare.