David Karki

The U.S. Supreme Court will be taking on the lawsuit filed by more than two dozen state attorneys general to stop Obamacare from being implemented. Oral arguments will take place over the winter, and a decision released in late spring that will have a large impact on a presidential election that will be in full swing by then.  Should Obamacare be ruled unconstitutional, it will be a major body blow to Obama’s re-election chances.

Perhaps that’s why Obama and the left are doing their level best to stack the panel and rig the outcome.

Supreme Court Justice Elena Kagan was appointed by Obama and was formerly his Solicitor General. Her job responsibility was to represent the administration in any court proceedings in which the federal government was a party to the case. Often, this entails anticipating legal challenges to the implementation of legislation, executive branch regulations and executive orders.

It was no different for Obamacare; prior to Obama, Pelosi, and Reid pulling all their despicable shenanigans to ram it down America’s throat – from the “deeming” it passed, to the late-night votes on bills not yet written much less read, to the “you have to pass it to find out what’s in it” – Kagan’s top deputy served as a “legal adviser” on the anticipated legal challenge to it, and went on to argue some of those cases in federal court.

(That they were so hell-bent on passing something they knew would immediately be challenged should say something in itself, namely that the left respects no constitutional limit on their power. They could have altered the language, or better yet honored their respective oaths to uphold the Constitution as written and not passed Obamacare at all. Instead, all their effort was directed toward putting a fraudulent stamp of legitimacy on the illegitimate and tyrannical.)

Moreover, that Kagan was this closely involved was something the Obama Justice Department went to great lengths to hide. It took several Freedom of Information Act requests and the department being sued before any of this e-mail communication and other documentation was released, and only then in incomplete and heavily redacted form.

28 US Code 455 mandates that a justice “shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned” or “(w)here he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceedings …”

Clearly, Kagan’s involvement meets this standard rather easily. In fact, it could well be in law textbooks as the perfect definition of a situation where recusal is required. Her immediate inferior directly argued for Obamacare in court, and therefore she, as his supervisor to whom he directly reported, had to know intimately of what he was doing. She was appointed a mere 5 months  after Obamacare’s foisting upon America, with many still seething about it and the state attorneys general already starting the lawsuits to block it.

Only a fool wouldn’t presume Obama selected her largely to ensure his signature piece of “legislation” wouldn’t be ruled unconstitutional and rendered null and void in the midst of his re-election.  Frankly, I don’t think he’d have nominated anyone whose ruling upholding Obamacare couldn’t have been 100% counted upon ahead of time. The fact that this unconstitutional monstrosity was passed at all and in the disgusting way it was indicates quite starkly that Obama has no compunction with breaking any laws and rules to get his way. And if he was prepared to do all that to pass it, he’d certainly appoint a crooked judge to uphold it. (Or two, since he was surely thinking ahead as well with Justice Sotomayor’s appointment.)

The fact that the left has now started harping about Justice Clarence Thomas’ wife having worked for groups who opposed Obamacare only proves it, in my mind. Should Kagan be exposed sufficiently that she has to recuse herself, then the left’s fallback plan will be to try to cancel out her departure by demanding the same of Thomas, even though the two are nowhere close to the same thing. And saying so is a bit like comparing crossing against the stoplight when no traffic is coming to criminal vehicular homicide.

But this is standard tactics for the left – morally equivocate, obfuscate, distract, and if all else fails, cancel out the loss by disingenuously taking out a vote against you. So long as they get their way, it’s all good – the liberal ends always justify any sleazy means.

Kagan directly supervised the lawyer who argued much of the case law for the Obama Administration, and therefore had to have much knowledge of his work.  It places her directly within one party to the case. She held an oversight position above those in charge of the strategy to defend the biggest piece of legislation the Obama administration enacted, and which contains much of the legal mechanisms to coerce and control personal behavior which is what the administration desires most.

And  all that redaction in what documents and e-mails were released forces one to suspect that Kagan was a whole lot more involved than that and the Obama Justice Department is covering it up so as to protect Obamacare.

But even if not, there is still more than enough to demand that Kagan recuse herself. Just as the madam of a brothel need not sleep with the customers herself to establish an intense personal interest in its survival, so too does Kagan not need to have done her deputy’s work on Obamacare in order to have a disqualifying bias in favor of it.

Should she not recuse herself – which Kagan surely will not do willingly, even if pressure is brought to bear, since this case was the main reason she was put on the Court in the first place – and in so doing violate federal law and her oath of office, then this is an impeachable offense, for both her and President Obama.

I harbor no illusions that removal will occur, or that Harry Reid would even acknowledge such articles were passed by the House. But that aiding and abetting of despotism in the form of Senatorial jury nullification shouldn’t stop the House leadership from drawing them up and impeaching both Kagan and Obama anyway. The only way to stop such a clear and present danger to our Republic is to shine the light of truth on it for all to see.

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