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Be Apart Of The Kagan Petition Going To Congress
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Sign The Official Kagan Recusal Petition
URGENT UPDATE: Obama Supreme Court Justice Elena Kagan has recused herself from participating in the White House's challenge to Arizona's tough immigration enforcement law before the High Court. Now, she MUST be forced to recuse herself from deciding the fate of ObamaCare - PERIOD!
Upon the U.S. Supreme Court announcing that it will determine the constitutionality of Arizona's immigration law, Elena Kagan rightly made it clear that she will not participate in the case. After all, as Obama's solicitor general she was in charge of the legal strategy and defended his position against Arizona.
But all that begs the obvious question...
If Kagan recused herself from hearing the Arizona case because of her involvement as Solicitor General in trying to overturn the immigration law, shouldn't she be FORCED to recuse herself from hearing the ObamaCare case because of her zeal for and defense of the government-dictated healthcare scheme that was forced down the throats of the American people?
Of course she should. But Kagan thus far is refusing to recuse herself from the ObamaCare case. And the Obama administration is now hiding two months worth of documents that would likely reveal more evidence of her ardent support for and defense of ObamaCare.
Is the fix in?
SIGN THE OFFICIAL KAGAN RECUSAL PETITION NOW!
Force Elena Kagan to recuse herself from the ObamaCare case.
Stop her from making a mockery of the Supreme Court.
Both the integrity of the Supreme Court and the fate of ObamaCare are at stake!
Your official and personalized petition will be faxed to the leadership of the U.S. House and U.S. Senate urging them to sign the petition alongside your name demanding Kagan's recusal. Or alternatively, you can have your petition blast faxed to each and every Member of Congress urging them to sign the petition.
Citing zero legal privilege, Obama's Attorney General Eric Holder continues to refuse requests by members of Congress for documents that likely further show Kagan's direct involvement in the legal defense of ObamaCare between January 8 and March 5, 2010.
If the Obama Administration has nothing to hide, why won't they turn over the documents as they are required to do? As Rep. Lamar Smith told Holder at a recent hearing before the House Judiciary Committee, "Just as President Nixon had an 18½-minute gap, does Ms. Kagan have a two-month gap?"
Regardless, even without access to the two months worth of missing documents, the case for Kagan's recusal is obvious. Simply put, she cannot be impartial in deciding the case and therefore IS REQUIRED to recuse herself.
According to CNS News,
"Internal Justice Department email communications made just days before the House of Representatives passed the Patient Protection and Affordable Care Act show that then-Solicitor General Elena Kagan was brought into the loop as DOJ began preparing to respond to an anticipated legal complaint that Mark Levin and the Landmark Legal Foundation were planning to file against the act if the House used a procedural rule to 'deem' the bill passed even if members never directly voted on it." [Emphasis ours.]
And here are just a few more pieces of evidence that Elena Kagan was involved in ObamaCare prior to taking her seat on the Supreme Court.
CNS News again: "In another internal DOJ email communication that same week, Kagan alerted the chief of DOJ's Office of Legal Counsel to the constitutional argument that a former U.S. Appeals Court judge was making against the use of this rule."
Kagan and Supreme Court litigator/Harvard Law Professor Laurence Tribe, who was serving in the Justice Department at the time, had an email exchange just prior to ObamaCare's passage in which they discussed their zeal for the law. Kagan wrote an email to Tribe stating, "I hear they have the votes, Larry!! Simply amazing."
According to Carrie Severino, a former Supreme Court Clerk for Justice Clarence Thomas and current chief counsel of the Judicial Crisis Network, "As President Obama's top advocate, Kagan headed the office responsible for formulating the Administration's defense of PPACA [ObamaCare] - and oversaw the arguments both on appeal and in the lower courts because of PPACA's national importance."
It is clear to anyone with a pulse that Kagan cannot be an impartial referee on the Supreme Court when it comes to determining the constitutionality of ObamaCare. Based on her stated support for the health care scheme and her obvious defense of it, we already know how she plans to rule.
Kagan must be forced to recuse herself - NOW!
SIGN THE OFFICIAL KAGAN RECUSAL PETITION NOW!
Force Elena Kagan to recuse herself from the ObamaCare case.
Stop her from making a mockery of the Supreme Court.
Both the integrity of the Supreme Court and the fate of ObamaCare are at stake!
Your official and personalized petition will be faxed to the leadership of the U.S. House and U.S. Senate urging them to sign the petition alongside your name demanding Kagan's recusal. Or alternatively, you can have your petition blast faxed to each and every Member of Congress urging them to sign the petition.
Federal law is clear about when a judge must recuse himself or herself from presiding over a case because of a conflict of interest.
In fact, 28 U.S.C. 455(b)(3) deals specifically with the recusal obligations of judges who are former government employees. It states that recusal is required when a judge "has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy."
And, 28 U.S.C. (a) states,
"Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his [or her] impartiality might reasonably be questioned."
Is there any doubt in your mind that Kagan would be "impartial?" Is there any doubt in your mind that her "impartiality" isn't "questioned" here?
In fact, Kagan's allegiance to ObamaCare is so strong that even some liberals are admitting that she needs to recuse herself. Georgia State constitutional law professor Eric Segall, a self-described liberal and loyal Democrat, is urging Kagan to do the right thing and refrain from participating in the ObamaCare case before the Supreme Court.
According to Segall,
"She attended at least one meeting where litigation was discussed. It is of course possible that she personally stayed out of those discussions. We don't know how fully Kagan was involved because the White House (perhaps for legitimate reasons unrelated to this controversy) has not released all of the relevant emails about the matter. We might never know, but that lack of certainly points to recusal, because it raises serious doubts."
SIGN THE OFFICIAL KAGAN RECUSAL PETITION NOW!
Force Elena Kagan to recuse herself from the ObamaCare case.
Stop her from making a mockery of the Supreme Court.
Both the integrity of the Supreme Court and the fate of ObamaCare are at stake!
Your official and personalized petition will be faxed to the leadership of the U.S. House and U.S. Senate urging them to sign the petition alongside your name demanding Kagan's recusal. Or alternatively, you can have your petition blast faxed to each and every Member of Congress urging them to sign the petition.
The Obama administration doesn't want Kagan to recuse herself because, simply put, they know she will vote their way. And Obama and his conspirators are doing everything in their power to ensure the American people don't learn the full extent of Kagan's involvement in ObamaCare.
As Fox News reported,
"The Judicial Crisis Network, a conservative group, argues...that the Justice Department is withholding documents under the deliberation exemption to the Freedom of Information Act -- which JCN said signals that she was involved in those deliberations."
The Supreme Court hearing is a real chance to get rid of ObamaCare. If Kagan isn't recused, her clear inability to be impartial may steer the Court to do the unthinkable... to rule that ObamaCare and all of its mandates are constitutional. If that happens, ObamaCare may well become the law of the land - FOREVER.
And that is precisely why patriotic Americans like you can't give up the fight. Now is the time to turn up the heat.
SIGN THE OFFICIAL KAGAN RECUSAL PETITION NOW!
Force Elena Kagan to recuse herself from the ObamaCare case.
Stop her from making a mockery of the Supreme Court.
Both the integrity of the Supreme Court and the fate of ObamaCare are at stake!
Your official and personalized petition will be faxed to the leadership of the U.S. House and U.S. Senate urging them to sign the petition alongside your name demanding Kagan's recusal. Or alternatively, you can have your petition blast faxed to each and every Member of Congress urging them to sign the petition.
Be sure to MAKE YOUR VOICE HEARD TODAY! Thank you.
Yours In Freedom,
Jeff Mazzella
President
Center for Individual Freedom
Center for Individual Freedom
917-B King Street
Alexandria, VA 22314
Phone: 703-535-5836
Fax: 703-535-5838
CFIF is a 501(c)(4) not-for-profit constitutional advocacy organization
with the mission to protect and defend individual freedoms and individual rights.
Contributions to CFIF are not deductible as charitable contributions for federal income tax purposes.
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