“Attorney General Eric Holder has refused to provide written testimony to the Senate Judiciary Committee in response to "questions for the record" submitted to him by Sen. Jeff Sessions (R.-Ala.) that focus on Supreme Court Justice Elena Kagan's involvement in the Patient Protection and Affordable Care Act--AKA Obamacare--while she was President Barack Obama's solicitor general.”
http://cnsnews.com/news/article/holder-refuses-provide-testimony-kagan-s-involvement-obamacare
“So far it appears that only Republicans and conservatives want Kagan to recuse herself from hearing the case, while liberals and Democrats take the opposing view. I have been a liberal constitutional law professor for more than 20 years, and a loyal Democrat. I believe the Affordable Care Act is constitutional and that it would be truly unfortunate for the country (and the party) if the court strikes it down. I also recognize that there is a much greater chance of the court erroneously striking down the PPACA if Kagan recuses herself. That said, I believe that as a matter of both principle and law, Kagan should not hear the case.” Eric Segall http://www.slate.com/articles/news_and_politics/jurisprudence/2011/12/obamacare_and_the_supreme_court_should_elena_kagan_recuse_herself_.html
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