Just because you can doesn’t mean you should. This is an adage that Elena Kagan, our newest Supreme Court justice, should adhere to in the case of the high court hearing the health care law. Kagan needs to recuse (personally withdraw) herself from the case because her impartiality is compromised.
Even before Wednesday’s news of Kagan’s health care emails, her ability to hear the case impartially has been in question since she served as the US solicitor general, the government’s counsel, on the other side of this law as it was being sent through Congress. Before she was confirmed, many were calling for recusal if she was seated.
But Wednesday the stakes got higher when emails were released. Judicial Watch filed a Freedom of Information Act request which netted them emails from Kagan during the health care debates before the vote. These links from Judicial Watch will also take you to the actual email copies: