Emails have been released from the White House showing now-Supreme Court Justice Elena Kagan elated when she learned Democrats had the votes to pass ObamaCare. Then-DOJ attorney Laurence Tribe exchanged emails with Kagan. He refers to the amazing fact that ObamaCare was going to pass because of Obama’s “signing statement” to assure then Congressman Joe Sestak that abortion was not a part of ObamaCare. We all knew the signing statement wasn’t worth the paper it was written on (that’s now confirmed). Republicans in Congress are calling for Elena Kagan’s recusal from the coming Supreme Court hearings on the health care law.
“So health care is basically done!” Tribe wrote to Kagan in this message. “Remarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!”
The “Stupak group” is a reference to then-Rep. Bart Stupak (D-Mich.), who led a group of House Democrats who had indicated they would not vote for the Patient Protection and Affordable Care Act if it permitted federal funds to pay for abortions. Stupak and his allies decided to vote for the bill, even though no additional language would be added to it prohibiting abortion funding, after President Obama agreed to sign an executive order the administration said would prevent federal funding from going to abortions.
Kagan testified under oath at her SCOTUS confirmation that she 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.
An October 13, 2009, exchange between Kagan and former Deputy Solicitor General (and current Acting Solicitor General) Neal Katyal. Katyal informs Kagan, “We just got Snowe on health care,” referring to Senator Olympia Snowe (R-ME).
A March 16, 2010, email from Kagan to David Barron, then-acting head of the Justice Department’s Office of Legal Counsel, asked if he had seen an article by Michael McConnell published in the Wall Street Journal that discussed a strategy by Democrats to “‘deem’ ObamaCare into Law without voting.” “Did you seee [sic] Michael McConnell’s piece in the wsj?” Kagan writes in an email with the subject line “Health care q.” “YES, HE IS GETTING THIS GOING,” replied Barron.
Getting Kagan’s communication and statements on ObamaCare has been arduous. It is believed many documents are being held back. The administration flips off Freedom of Information Act requests like you and I swat mosquitos.