Associate Justice Elena Kagan lied to the Supreme Court before she became and Associate Justice. It was a massive lie known as ‘Kagan’s Abortion Distortion’ (more below) – and she did it working from the Clinton White House. She went on to become Barack Obama’s Solicitor General before her appalling confirmation to the Supreme Court bench. As the case against and for ObamaCare nears the chamber of the Supremes, the question is: what did Kagan do as Solicitor General to prepare the administration to fight their battle in court. Absurdly, Kagan says as Solicitor General she played no “substantial” role in the argument. Keep in mind that this far-Left Associate Justice, manipulated science, lied in White House documents ultimately sent to the Senate Judiciary and on to the Supremes, resulting in a take down of a Nebraska abortion ruling. Senator Mike Lee is renewing the call for all documents to be released and a closer look at Kagan’s record, and he is another voice in the wilderness calling for Eric Holder to uphold the integrity of the DOJ and release pertinent documents.
In July 2011, this from CNSNews:
“We respectfully call upon the House Judiciary Committee to promptly investigate the extent to which U.S. Supreme Court Justice Elena Kagan was involved in preparing a legal defense of the Patient Protection and Affordable Care Act (PPACA) [ObamaCare] during her tenure as Solicitor General,” the 49 lawmakers wrote in a letter to Rep. Lamar Smith (R.-Texas), the chairman of the Judiciary Committee, and Rep. John Conyers (D.-Mich.), the ranking member of the committee.
“Contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee, recently released Department of Justice (DOJ) documents indicate that Justice Kagan actively participated with her Obama Administration colleagues in formulating a defense of PPACA,” the letter said.
CNS News filed a Freedom of Information Act (FOIA) request for the documents. They got nothing so sued the Department of Justice.
(The Justice Department’s initial 68-page March 15, 2011 response to CNSNews.com’s FOIA request–which includes email communications between Kagan and her deputies in the Office of Solicitor General–can be viewed here.)
“Regrettably the Justice Department has been uncooperative to date with repeated FOIA requests that seek the full body of relevant emails from the Office of the Solicitor General that would reveal the scope of Kagan’s involvement in PPACA defense activities,” the 49 congressmen said in their letter to Chairman Smith and Ranking Member Conyers.
The issue was a part of Kagan’s confirmation hearing. Under oath she said she had never been asked for her opinion about the legal or constitutional issues relating to ObamaCare; had never been asked about the legal or constitutional consequences of ObamaCare, and had never offered views or comments to the administration on the subject. Yeah. Right.
As I said in a previous post, Kagan’s role in lying to the U.S. Supreme Court was a “manipulation of medical science.” It came years earlier when the Supreme Court struck down Nebraska’s partial-birth abortion ban. The short story is: the American College of Obstetricians and Gynecologists (ACOG) drafted a report for the court, saying that they (the ACOG) could identify no circumstances under which the partial-birth abortion procedure would be the only option to save the life or preserve the life and health of a mother.
Instead, the report submitted to the Court contained the following contradictory statement:
ACOG declared that the partial-birth-abortion procedure “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.” The Court relied on the ACOG statement as a key example of medical opinion supporting the abortion method.
It is believed from handwritten notes, that Kagan wrote the contradictory statement herself, gave it to the White House which sent it to the Senate Judiciary Committee and then ended up at SCOTUS, which struck down Nebraska’s partial-birth abortion ban. Read detailed information about Kagan’s part in this progressive scheme at PowerLine.
I think this is immensely important because as you know Justice Kagan served as solicitor general prior to going on to the Supreme Court and the solicitor general is responsible not just for handling litigation in which the United States is a party before the Supreme Court but also in managing the federal government’s efforts in all appellate litigation everywhere and frequently the solicitor general is brought in to consult on issues that are either pending in lower courts or in some cases even litigation that is contemplated but not yet field. So I think it’s important that the attorney general respond to this.
Lee said that Holder, in response, maintained that Kagen has been “walled off” from the issue and it’s not a problem. Lee said he then told him, “If that’s the case Mr. Holder I’m sure you will feel very comfortable responding to our request for documents.”
Remember Interior Secretary Ken Salazar saying that both he AND Obama changed a report from a panel of experts procured by Obama himself, which gave their opinion on the consequences of the BP Oil spill. Without compunction, Salazar didn’t even try to hide the lie. The experts objected loudly and publicly, but it changed nothing. Obama and Salazar are still in contempt-of-court on the BP event. One thing we’ve learned is that a president being in contempt-of-court means nothing.
Lying on behalf of the Liberal agenda is a non-issue to this administration, and the 111th U.S. Senate as Kagan was sent to the bench in spite of her lack of virtue. Thirty-seven Republicans out of 41 in the Senate body voted against Kagan. The four voting for her are New Hampshire Senator Judd Gregg (retired – succeeded by Conservative Kelly Ayotte), South Carolina Senator Lindsay Graham, Indiana Senator Richard Lugar, and the twins from Maine, Senators Susan Collins and Olympia Snowe. Thanks to Degrees of Moderation.