DEMAND THAT SCOTUS REMOVE KAGAN FROM VOTING ON OBAMACARE

Is Supreme Court illegitimate on ObamaCare?

From the Desk of: Steve Elliott, Grassfire Nation Important Update on the petition you signed calling for Kagan's Recusal. See below. Conservatives, As it stands now, the Supreme Court's ObamaCare decision will be legally illegitimate because one of its members is not qualified to participate in the decision. I'm talking of course about Elena Kagan -- Obama's former Solicitor General who wholeheartedly supported the passage of ObamaCare and oversaw the development of the legal strategy to defend the law in court. By law, Kagan must recuse herself. But she has refused -- and the Obama team has for months stonewalled and obstructed the truth. In fact, Rep. Lamar Smith (Chairman of the House Judiciary Committee)  has tried for eight months to get pertinent information from Attorney General Holder. He sent five letters to Holder and has been met with nothing but stonewalling and obstruction. Yesterday, Rep. Smith published yet another plea for the Obama Justice Department to stop its stonewalling and release key documents on Kagan's involvement in ObamaCare. (See the link below to Rep. Smith's op ed.) This is the height of political corruption -- pure Chicago-style politics. And it poses a serious threat to the future of this great Republic because Kagan's corrupt vote could cause ObamaCare to be ruled constitutional. That is why on Thursday Grassfire will deliver your petition to the Court, Congress and Holder. But we must do more. + + ACTION: Fax Congress Now Grassfire Nation is encouraging every team member to support the petition delivery with thousands of faxes and phone calls over the next 72 hours calling for Kagan's recusal. We are asking every team member to schedule faxes to their two Senators, their Rep and key members of the Senate Judiciary Committee demanding Kagan's recusal right now. Go here to schedule your faxes: http://www.grassrootsaction.com/r.asp?U=81476?RID=34099776 Again...we are on the verge of witnessing a legal travesty of monumental proportions. Elena Kagan's participation in next week's ObamaCare hearings holds the potential to make the Court's ruling illegitimate. This is the most important Supreme Court case in many years. If the Court rules that ObamaCare is constitutional, it may be impossible to stop the rising tide of statism. Please go here to send your faxes. Then, alert your friends to take action. Steve Elliott Grassfire Nation Resource Links: Rep. Smith on Kagan and ObamaCare Sen. Sessions: Why Kagan must recuse herself Actions: 1. Go here to send faxes now. 2. Encourage your friends on Facebook to sign the petition. 3. Forward the "Special Report" below to your friends and encourage them to join you in signing the petition: + + + + + SPECIAL REPORT: WHY KAGAN MUST RECUSE HERSELF 1. The "Smoking Gun"  We have the "smoking gun" proving why Justice Elena Kagan simply must recuse herself from the upcoming ObamaCare Supreme Court hearings... On March 21, 2009, the same day that the House of Representatives finally passed ObamaCare, then-Solicitor General Elena Kagan engaged in an email exchange with Lawrence Tribe. Tribe is a renowned liberal Harvard law professor whom the New York Times calls a "liberal legal icon" and "Obama's mentor and former teacher." At the time of the email exchange, Tribe was serving in a specially created capacity in the Justice Department called "Senior Counsel for Access to Justice." The email exchange all happened under the subject line, "fingers and toes crossed today!" -- clearly indicating that both Tribe and Kagan were discussing with great anticipation the imminent passage of ObamaCare. At 11:39am, Kagan emailed Tribe: "I hear they have the votes, Larry!! Simply amazing." Note Kagan's over-emphasis (two exclamation points) and her gleeful language ("simply amazing"). By late afternoon, ObamaCare was passed, causing Tribe to reply by email: "So health care is basically done! Remarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!" Note that the exclamation points are all Tribe's. He is just as amazed and thrilled as Kagan and even seems gleeful about the fast-one they pulled on Stupak and other pro-life Democrats. Why does this matter? First, the Obama team managed to bury the evidence of this "smoking gun" for months. A thorough vetting of Kagan's role in ObamaCare could have forced her to pledge to recuse herself from this case in order to get confirmed. Second, it clearly shows that Kagan -- as Solicitor General -- had a rooting interest in the passage of ObamaCare. She supported the bill and seemed joyful at the bill's passage. And as the Judicial Crisis Network (JCN) has carefully documented, Kagan engaged her department in the strategy to defend ObamaCare in court “before [ObamaCare] had even been signed into law.” JCN also tracks how Kagan was involved in the “deliberative process” for her office’s legal defense of ObamaCare. Go here now to sign the petition demanding Kagan's recusal. 2. Kagan Worked On Behalf Of ObamaCare The Judicial Crisis Network (JCN) has carefully documented Kagan’s work on behalf of ObamaCare while she served as Obama’s Solicitor General. **According to JCN, Kagan engaged her department in the strategy to defend ObamaCare in court “before [ObamaCare] had even been signed into law.”  So Kagan was an advocate for ObamaCare even before the final votes were cast. **JCN also tracks how Kagan was involved in the “deliberative process” for her office’s legal defense of ObamaCare. By definition, this means Kagan has knowledge of information (i.e. the Administration’s deliberative process) which is protected and therefore the other justices may not be allowed to hear! Go here now to sign the petition demanding Kagan's recusal. 3. The Law Demands Kagan's Recusal By any judicial ethical standards, she should recuse herself. But this goes beyond her personal sense of ethics... THIS IS THE LAW OF THE LAND! Federal law (28 U.S.C. 455) clearly stipulates the grounds for judges to disqualify themselves in cases, including if the judge’s “impartiality might reasonably be questioned” or if the judge served in federal office as “counsel” or “adviser” or “expressed an opinion” on a matter. Kagan has crossed all these lines and by law she must recuse herself for the ObamaCare case -- something she has already done dozens on times on other cases. But for ObamaCare, Obama’s hand-picked advocate refuses to step aside. To make matters worse, much of the facts of Kagan’s open advocacy on behalf of ObamaCare was not disclosed during her confirmation hearings and has only come to light in the last few months after repeated Freedom of Information Act inquiries. The Obama team hid the facts of Kagan’s ObamaCare advocacy. Go here now to sign the petition demanding Kagan's recusal.