Emails released in response to Freedom of Information Act requests (and then lawsuits) from the Media Research Center and Judicial Watch have raised even more questions about how much then-Solicitor General Elena Kagan (photo) was involved with the proposed ObamaCare legislation. At the time of now-Supreme Court Justice Kagan's Court confirmation hearings, Senate Judiciary Committee Republicans asked if she had “ever been asked about [her] opinion” or “offered any view or comments” concerning “the underlying legal or constitutional issued related to any proposed health care legislation, including but not limited to Pub. L. No. 111-148 [ObamaCare], or the underlying legal or constitutional issues related to potential litigation resulting from such legislation.” Kagan's answer was an unqualified “no.”
The newly released emails, however, show that days before the House vote on the healthcare legislation, Kagan was indeed involved in preparing the Department of Justice response to a legal challenge of the bill. This challenge was anticipated by Mark Levin and the Landmark Legal Foundation if the bill was passed through a House procedural rule — which would have “deemed” the bill to have passed the House of Representatives, even if its members had never actually voted on its last version.
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