‘I urge the Senate to reject the politicization of medical science and vote no on the Kagan nomination’
With hours remaining before they vote on Elena Kagan – who was nominated to fill the seat of outgoing Associate Justice John Paul Stevens on the U.S. Supreme Court – Republicans on the Senate Judiciary Committee received new testimony from the nominee that she will hear any challenge to President Obama’s health care law.
This is despite Kagan’s own admission during her hearing that she was involved in a meeting which discussed Florida v. Health and Human Services – a lawsuit initiated by 13 attorneys general on the constitutionality of the bill. A separate lawsuit filed by Virginia Attorney General Ken Cuccinelli is also working its way through the courts.
Kagan tried again to minimize her role in the meeting – and her own words – stating the case was “briefly mentioned” and, therefore, didn’t rise to the level of recusal.
During her hearing June 28 – July 1, Kagan said, “…I would recuse myself in any case in which I had played any kind of substantial role in the process.”
Article 28, Section 455 of U.S. Code, says:
“(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances:
… (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.”
To date, Kagan has indicated she will recuse herself from 11cases – including the Defense of Marriage Act, if it comes before the Court — essentially one-seventh of the cases scheduled to begin October 2010.
Although Republicans are outnumbered on the Committee 12 to 7, Kagan’s recusal defiance could help sway fence-sitting Republicans to oppose her nomination when it comes to the full Senate for a vote.
This is particularly noteworthy, considering recent reports of Kagan’s apparent ethical misconduct involving partial birth abortion policy while with the Clinton administration.
In the letter distributed by Americans United for Life, Dr. C. Everett Koop – who was surgeon general under President Reagan – voiced his concerns over Kagan’s character and apparent manipulation of “the medical policy statement on partial-birth abortion of a major medical organization.”
“I urge the Senate to reject the politicization of medical science and vote no on the Kagan nomination,” he said.
TAKE ACTION
Ask your senators to vote “No” on Supreme Court nominee Elena Kagan, when her nomination comes to the Senate.
FOR MORE INFORMATION
VIDEO: “A Tale of Two Kagans on the First Amendment”
Official Notice of Senate Judiciary Committee Meeting to Vote on Kagan
LIVE WEBCAST: Watch the Hearing Tuesday, July 20 at 10a.m.(EDT).
Read more about the disqualification of a justice, judge or magistrate judge.
Health care lawsuit: Florida v. Health and Human Services
Heath care lawsuit: Virginia v. Health and Human Services
Download AUL Action’s 54-page Kagan report
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