Investigation Into Kagan's Role in ObamaCare

By:  Joe Wolverton, II
07/05/2012
       
Investigation Into Kagan's Role in ObamaCare

“Liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments.”  Those words by Alexander Hamilton explain why one member of Congress is taking aim at one Supreme Court justice.

Representative Louie Gohmert (R-Texas) is calling for an investigation of Justice Elena Kagan, arguing that her prior service as solicitor general should have disqualified her from participating in last week’s decision on the constitutionality of ObamaCare, a law she helped craft and defend as a former member of the Obama administration.

 “Liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments.”

Those words by Alexander Hamilton explain why one member of Congress is taking aim at one Supreme Court justice.

Representative Louie Gohmert (R-Texas, pictured), is calling for an investigation of Justice Elena Kagan, arguing that her prior service as solicitor general should have disqualified her from participating in last week’s decision on the constitutionality of ObamaCare, a law she helped craft and defend as a former member of the Obama administration.

On Friday Gohmert, a member of the Tea Party Caucus, delivered a speech from the floor of the House insisting that as the government’s top litigator Kagan surely would have advised the President on the possible legal challenges that his healthcare reform legislation would face. If not, says Gohmert, she would have been the “worst solicitor general in history.”

Last Thursday Kagan and her fellow justices held that the individual mandate provision of ObamaCare — the part of the law that requires all Americans to purchase a qualifying health insurance plan or pay a tax penalty — was a constitutional exercise of Congress’ power to tax and spend.

As for how Kagan might have acted as solicitor general in a way that in his opinion should have disqualified her from taking part in the decision, Gohmert said:

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