GOP Wants To Know If Supreme Court Nominee Kagan Would Recuse Herself From Health Reform CaseThe Christian Science Monitor: Republicans on the Senate Judiciary Committee want more information on if Supreme Court nominee Elena Kagan would recuse herself from considering a health reform case because of her involvement with the Obama administration.
"The effort appears aimed at forcing Ms. Kagan, who is now a Supreme Court nominee, to pledge to step aside and not participate in what could become a landmark case should it reach the high court. The extent of her involvement, if any, in the case is unclear." Kagan said she was not asked to give opinion on the legality of the health reform law, but Republican senators said they find that hard to believe. "At issue is to what extent Kagan was consulted or offered strategic advice in the government's decision to fight two lawsuits filed by attorneys general seeking to have a federal judge declare the new health-care reform law unconstitutional. As solicitor general, Kagan is one of the administration's top constitutional lawyers and the government's chief advocate before the Supreme Court." Two challenges have been levied at the law by attorneys general in Florida and Virginia. Kagan has said she would recuse herself if she had participated in reviewing a draft of a position on the law or had participated in discussions to formulate the government's position on the legislation (Richey, 7/15).
The Wall Street Journal: "The issue is not likely to derail her expected Senate confirmation, but it could give Republicans who are opposed or on the fence an additional reason to vote no." Seven Republicans on the committee "sent Ms. Kagan a letter asking detailed questions about her involvement in discussions around the law." The committee is expected to vote on her nomination next Tuesday and consideration "by the full Senate is expected before senators depart for their August break" (Meckler, 7/15). This is part of the KHN Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.