The objectivity of judges is an essential component of the American constitutional system. When Elena Kagan was Solicitor General of the United States, she and Harvard law professor Laurence Tribe had e-mail exchanges, which were obtained by Judicial Watch under the Freedom of Information Act, that suggest that she could not be impartial in ruling on Barack Obama’s Patient Protection and Affordable Care Act because she has taken a position for the bill.
Tribe is a "liberal" professor who has written in the New York Times in defense of ObamaCare, has argued numerous cases before the Supreme Court, and was working for the Obama administration's Department of Justice at the time of the e-mail exchange. The Media Research Council and Judicial Watch filed the Freedom of Information Act request on May 25, 2010, which was before Kagan’s Senate confirmation hearings for a position on the Supreme Court. That e-mail correspondence makes it clear that then-Solicitor General Kagan and Tribe had contacted each other about ObamaCare as early as March 21, 2010 and that Kagan likely has been a cheerleader for ObamaCare. The e-mails' title refers to the upcoming vote on ObamaCare and says, "Fingers and toes crossed today." In the e-mails Kagan says about the probable passage of ObamaCare: "I hear they have the votes, Larry!! Simply amazing."
The e-mail correspondence trail, which was finally released on November 10, 2011, after the Department of Justice had been sued in federal district court for the District of Columbia on November 23, 2010, a year before the documents were released, shows more than just an e-mail trail between Kagan and Tribe.
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Photo of Elena Kagan: AP Images