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CITIZEN PETITION:
Tell Elena Kagan: "Recuse Yourself From ObamaCare Court Case"
With the Supreme Court preparing to hear oral arguments on
ObamaCare, Justice Elena Kagan has given no indication that she
will recuse herself from the case. This despite the fact that
while serving as President Obama's Solicitor General Kagan was
directly involved in ObamaCare's legislative and legal
processes. Documents withheld during her confirmation hearings
and only
recently released confirm these facts and also
demonstrate Kagan's personal support of ObamaCare's passage.
Federal law (28 U.S.C. 455) clearly stipulates the grounds for
judges to disqualify themselves in cases, including if the
judge's "impartiality might reasonably be questioned" or if the
judge served in federal office as "counsel" or "adviser" or
"expressed an opinion" on a matter. Justice Kagan has already
recused herself in dozens of Supreme Court cases. In the matter
of ObamaCare, Kagan clearly violated the conditions of federal
law and should recuse herself.
This petition will
be hand-delivered to Justice Kagan as well as key members of the
U.S. Senate.
The Petition States:
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Whereas, Justice Elena Kagan, while serving as Solicitor
General, expressed her personal |
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support of the Patient Protection and Affordable Care
Act (ObamaCare), and began
working on ObamaCare's legal defense even before passage, and |
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Whereas, then-Solicitor General Kagan and her department
were engaged in the deliberative |
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process of ObamaCare's legal defense, and
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Whereas, many of the documents that confirm Justice Kagan's close
involvement in the |
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legislative and legal process of ObamaCare have only
recently been released,
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THEREFORE,
I am signing this petition calling for Justice Kagan
to recuse herself from the |
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current ObamaCare Supreme Court case, or to be
disqualified by appropriate legal means.
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