Elena Kagan

The issue of whether Justice Elena Kagan, one of Barack Obama’s appointees, should remain silent if any arguments over Obamacare reach the Supreme Court is the subject of a lawsuit.

Judicial Watch, the public interest investigative team that monitors government corruption, said today that a Freedom of Information Act lawsuit has been filed against the Obama Department of Justice to obtain documents that would detail what input Kagan had into Obamacare, including her comments on any lawsuits, while she was U.S. solicitor general.

The complaint alleges, “Before being appointed to the U.S. Supreme Court, Justice Elena Kagan served as the U.S. Solicitor General. It has been reported that, while serving as U.S. Solicitor General, Justice Kagan may have participated in discussions about the Act, including the drafting of the new law and legal challenges to the new law.

“She has publicly acknowledged that she ‘attended at least one meeting where the existence of litigation’ was mentioned,” the complaint states.

The organization filed a request for the information last June, but Eric Holder’s Justice Department ignored the request, Judicial Watch said.

“As of the date of this complaint, the defendant has failed to produce any records responsive to the request or demonstrate that responsive records are exempt from production. Nor has it indicated whether or when any responsive records will be produced,” JW said.

The organization is asking for “all records of communication, briefing materials and/or legal opinions concerning the constitutionality of the Patient Protection and Affordable Care Act of March 23, 2010.”

Is also seeks, “any and all records of communications between the Office of Solicitor General and any of the following entities concerning the constitutionality of the Patient Protection and Affordable Care Act: (a) The Executive Office of the President; (b) The Department of Justice Office of Legal Counsel; and (c) The Office of Attorney General.”

Obamacare, or the “Patient Protection and Affordable Care Act,” “is one of the most controversial pieces of legislation in U.S history. It has already been the subject of much litigation, and the constitutionality of the act will likely be decided by the United States Supreme Court within the next two years,” the organization said.

It was just weeks ago, Jan. 31, when U.S. District Judge Roger Vinson ruled Obamacare unconstitutional in a consolidated lawsuit that involved 26 states challenging the law due to the requirement that all Americans must purchase health insurance.

Vinson now has ordered the government to pursue an expedited appeal of the verdict, or he ultimately could order that the law’s enforcement be halted.

Already, Sen. Orrin Hatch, R-Utah, has suggested Kagan recuse herself if and when the law reaches the Supreme Court.

“U.S. Supreme Court rulings on Obamacare may be some of the most important in the nation’s history. With so much at stake, this is no time for gamesmanship and secrecy by the Obama Justice Department. This is a simple question and the American people deserve a straight answer: What role did Elena Kagan play in Obamacare discussions while she was at the Justice Department? The Justice Department’s silence is deafening,” stated Judicial Watch President Tom Fitton.

“Leftists are running a coordinated campaign to pressure Justice [Clarence] Thomas to recuse himself from any Obamacare cases. That there are no facts warranting such a recusal is no bar to the left-wing effort to politicize the high court to protect Obamacare. So it is ironic that the only set of facts that might warrant a recusal in the matter relates to Justice Kagan and is being unlawfully withheld by the Obama administration that appointed her,” he said.

It’s not the only issue on which Kagan’s impartiality has been challenged. Lawyers challenging Obama’s eligibility to be president also have filed a court motion that she not participate in dicussions on that case, because she owes her lifetime appointment to the Supreme Court to the defendant in the case, Obama.

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