Archive for December 14th, 2011
DOJ Memo Shows Supreme Court Justice Elana Kagan, as Solicitor General, “Substantially Participated” In ObamaCare Related Court Case
Posted in Political Issues, tagged Department of Justice, DOJ, Elana Kagan, Golden Gate Restaurant Association v. San Franciso, Obamacare, Solicitor General Elana Kagan, Supreme Court Justice Elana Kagan on December 14, 2011 | Leave a Comment »
Kagan was quick to recuse herself from judging the upcoming Arizona illegal immigration law but still refuses to do the same with the ObamaCare law. She knows this is a key part of Obama’s presidency and will not admit that she is biased.
(CNSNews.com) – On Jan. 13, 2010, the Republicans on the Senate Judiciary Committee sent then-Solicitor General Elena Kagan a series of written questions examining the issue of how she would handle recusing herself from cases she might have been involved in as solicitor general if she were confirmed to the Supreme Court.
“Notably, we are concerned about the standard you would use to decide whether to recuse yourself from litigation you participated in as Solicitor General,” the senators wrote. “In particular, we are concerned about litigation that was clearly anticipated, but had not yet … reached the point where your approval was sought for filings or pleadings.”
Among other things, the senators asked Kagan if she had ever been asked her opinion regarding the merits, or underlying legal issues, in Florida’s lawsuit challenging the Patient Protection and Affordable Care Act (PPACA)—otherwise known as Obamacare.
In her written responses, Kagan answered: “No.”
What? An untruthful Obama minion lied? Never!
Then they asked her a more sweeping question: “Have you ever been asked your opinion regarding any other legal issues that may arise from Pub. L. No. 111-148?” (Pub. L. No. 111-148 is the Obamacare law.)
Kagan again answered: “No.”
Exactly two months before the Judiciary Committee Republicans asked Kagan these questions, however, her top deputy, Neal Katyal, had written her a memo informing her that she had “substantially participated” in Golden Gate Restaurant Association v. San Francisco—a case that Kagan’s own office tied to Obamacare.
(The Justice Department released this memo to CNSNews.com on March 15 of this year in response to a Freedom of Information Act request—but only after the Media Research Center, CNSNews.com’s parent organization, and Judicial Watch had filed lawsuits demanding release of the material.)
On May 28, 2010, 15 days after Katyal sent Kagan this memo informing her that she had “substantially participated” in the Golden Gate case–and a month before Kagan’s Supreme Court confirmation hearings started–Kagan’s office submitted a 26-page brief to the Supreme Court in the case. The brief cited PPACA by name 12 times and referred to it more generally as “the federal legislation” or “the new federal legislation” an additional 6 times.
Additionally, the brief cited the Health Care and Education Reconciliation Act (HCERA), the reconciliation bill enacted with PPACA, 7 times.
Is a Democrat pointing out the fact Obama suck also RACIST?
Rep. Dennis Cardoza writes, via The Hill:
After observing President Obama for the last three years, it has become obvious to me that the president might prefer to be a university professor rather than do the job he holds today. While he might not realize that he feels this way, the evidence is very clear to those who work with or watch him closely. Let me be clear — I’m not trying to disparage professors. But anyone who wonders why the president is not crushing the weak Republican field only needs to examine how President Obama has behaved more like Professor Obama:
In the president’s first year in office, his administration suffered from what I call “idea disease.” Every week, and sometimes almost every day, the administration rolled out a new program for the country. There was no obvious prioritization and, after the rollout, very little effort to actually pass the latest idea/imperative/plan/edict. Instead, the new programs just kept coming, with the new proposals constantly stepping on the previous day’s message. This rampant “idea disease” squandered the tremendous goodwill generated by the Obama campaign’s message of “hope,” tainting the president’s personal appeal. As Democrats in Congress, we often felt like we were drinking water out of a fire hose, trying to simultaneously deal with past failures of the Bush administration and the avalanche of new initiatives from Obama. This lack of focus also made it easy for congressional Republicans to stall and foil many of President Obama’s best initiatives — which they did with relish!
‘I’M RIGHT, YOU’RE WRONG’
Early in his administration, President/Professor Obama repeatedly referred to “teaching moments.” He would admonish staff, members of Congress and the public, in speeches and in private, about what they could learn from him. Rather than the ideological or corrupt “I’m above the law” attitudes of some past administrations, President Obama projected an arrogant “I’m right, you’re wrong” demeanor that alienated many potential allies. Furthermore, the president concentrated power within the White House, leaving Cabinet members with no other option but to dutifully carry out policies with which they had limited input in crafting and might very well disagree. From my experience, this was especially true in the environmental, resources, housing and employment areas. Not by coincidence, these areas have also been responsible for much of the president’s harshest critiques.
LECTURES vs. LISTENING
One former administration official told me directly that the people in the White House “NEVER TALK TO REAL PEOPLE.” Another former Obama staffer confided to me that it was clear to him that the president didn’t mind giving speeches (lectures), but really avoided personal contact with members of Congress and folks outside the Beltway. “He doesn’t seem to derive energy from spending time with regular people the way Clinton did. He rallies to give speeches for the big crowds, but avoids individual contact,” the former staffer recalled. This “arms-length” attitude extends to top decision-makers in the president’s administration. A senior housing official recently told me that, despite the fact that he was responsible for crafting policies to stem the foreclosure crisis, he had personally never met with a homeowner who had been foreclosed on.