HOT PETITION! Ask Congress to impeach Justice Elena Kagan if she refuses to recuse herself from hearing the Obamacare case NFIB v. Sebelius. Please select, sign, and WE WILL FAX your petition to all 535 members of Congress (saving you time!) We’ve already sent 96,000 fax petitions. Can you help us reach 100,000?
Congressman: White House stonewalling Kagan’s recusal from Obamacare
Today the Washington Times published a blistering article written by Congressman Lamar Smith (R-TX), demanding Supreme Court Justice Elena Kagan recuse herself from hearing the Obamacare case NFIB v. Sebellius next month. Coincidentally, we have faxed nearly 100,000 petitions to all 535 members of Congress. So Rep. Smith wrote to us:
“…The Affordable Care Act became law on March 23, 2010, and legal challenges were filed almost immediately. At the time, Justice Kagan was serving as the administration’s chief legal adviser on challenges to federal law, especially Supreme Court challenges. It would have been her job to consult with and advise the administration on how best to defend the new law.
“Justice Kagan was nominated to the Supreme Court on May 10, 2010. What Congress and the American people want to know is what role then-Solicitor General Kagan played prior to her nomination.
“The House Judiciary Committee, along with its Senate counterpart, is the legislative guardian of our Constitution. As chairman of the committee, I have sought to make public the facts relating to whether Justice Kagan should participate in the Supreme Court’s consideration of this important subject. For eight months, I have sought information from the Justice Department regarding what, if any, role Justice Kagan may have played in discussions about the constitutionality and prospective litigation over the president’s health care law.
“Since July 2011, I have written Attorney General Eric H. Holder Jr. on five occasions requesting that the Justice Department provide relevant documents and emails and produce witnesses for interviews. But instead of working to quiet questions by disclosing the facts about Justice Kagan’s prior health care reform-related work, the department has been stonewalling Congress, fueling speculation that there is something to hide…
“The rules regarding recusal are clear. The current recusal law, enacted in 1974, bars justices from hearing certain cases in which they were involved as government lawyers. If Justice Kagan participated in legal or procedural discussions regarding the health care law challenge, she should be recused from ruling on the case. The intent of recusal is to prevent any personal or professional bias that may impact a justice’s decision…
“Instead of honoring its obligation to cooperate in congressional oversight, the department refuses to provide the requested information. At a hearing in December, I questioned Mr. Holder until he finally conceded the department has failed to assert any legal privilege justifying its noncooperation.
“The department has given no good, justifiable reason to deny this congressional request. The administration still refuses to release the relevant documents. This perpetual stonewalling is not just bad governing; it proves that the president’s campaign promises of openness and transparency were empty…”
You can read the Congressman’s entire letter here. But the Chairman has issued a cry for help, and we must answer that cry. Let’s bury all Congress in fax paper today. We must demand Congress impeach Justice Elena Kagan.
New lawsuit can force Kagan to recuse Obamacare, White House to release secret docs
Yet another public service lawfirm, Judicial Watch, has filed an important Freedom of Information Act (FOIA) lawsuit to force the White House to release its secret documents, that prove Supreme Court Justice Elena Kagan cannot remain unbiased when considering an Obamacare case in a few weeks.
The new lawsuit argues the Obama Administration continues to stonewall Congressional subpoenas for documents, and has now violated federal law by withholding public records to which public citizens are also entitled under the FOIA law.
“E-mails that previously were obtained by the organization suggest Kagan and her staff in the White House ‘may have participated in discussions pertaining to the legal defense of Obamacare,’ Judicial Watch told WND.com.
“Other records show then-Solicitor General Kagan commenting excitedly on the passage of Obamacare,” Judicial Watch reported.
“This is no time for the Obama administration to stonewall and obfuscate,” said Tom Fitton, the chief of Judicial Watch. “We hope the court will force the Obama administration to respond to our request in a manner consistent with federal law.”
He said, “The American people deserve to know how deeply involved Elena Kagan and her top deputies were in shaping the Obama administration’s legal defense of Obamacare. The integrity of the courts requires a full airing of those facts before she participates in ruling on a matter she may have helped prepare for litigation. There is more information at the Justice Department but clearly Eric Holder intends to run out the clock.”
Meanwhile the Supreme Court has ignored a motion to re-consider forcing Kagan’s recusal filed by our lawyer friend Larry Klayman of Freedom Watch, according to WND.com.
I leapt out in faith and spent $30,000 over 3 months on this campaign (but recovered only $18K), renting big email lists reaching millions of patriots (seriously I’m losing my shirt, so please donate here), but our emails have gone viral and we’ve already faxed 96,000 petitions to Washington DC. We buried in fax paper all 535 Senators, Congressmen, (and the Supreme Court too) demanding the impeachment of Supreme Court Justice Elena Kagan. Let’s reach 100,000 today. It’s a team effort, and I’m grateful for your help.
Chief Justice Roberts: Stop Asking Kagan to Recuse Obamacare.
Your faxes have been noticed by the Chief Justice of the U.S. Supreme Court. After YOU helped fax over 83,000 petitions to Congress (with copies directly to the Supreme Court) demanding Justice Elena Kagan recuse herself from hearing the Obamacare case, Chief Justice Roberts came to Kagan’s aid by writing a letter defending the Court’s integrity.
Roberts wrote in his “end of year” report that we shouldn’t worry about Kagan’s bias, despite the fact she helped write, defend, and lobbied to pass Obamacare:
“I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” Roberts wrote. “They are [Kagan is] jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”
“The Supreme Court does not sit in judgment of one of its own members’ decision whether to recuse in the course of deciding a case. [Roberts won’t rebuke Kagan.] Indeed, if the Supreme Court reviewed those decisions, it would create an undesirable situation in which the court could affect the outcome of a case by selecting who among its members may participate.”
“If an appeals court or district court judge withdraws from a case, there is another federal judge who can serve in that recused judge’s place. But the Supreme Court consists of nine members who always sit together, and if a justice withdraws from a case, the court must sit without its full membership.”
“A justice accordingly cannot withdraw from a case as a matter of convenience or simply to avoid controversy. Rather, each justice has an obligation to the Court to be sure of the need to recuse before deciding to withdraw from a case.”
So Roberts won’t step in to tell Kagan to recuse herself. What do you think? I think we’re getting their attention. If Roberts won’t oversee Kagan, the U.S. Congress must.
Should Justice Kagan be trusted to “not recuse” herself, or impeached by Congress?
Four Senators demand Kagan recuse Obamacare. We demand impeachment.
After YOU helped fax thousands of petitions, four top-ranking Republican Senators agreed with us and demanded Justice Kagan recuse herself from the Obamacare case. In a letter signed by Majority Leader McConnell (R-KY), Whip John Kyl (R-AZ), Ranking Judiciary Grassley (R-IA), and Senator Mike Lee (R-UT), all four rebuked President Obama’s Attorney General Eric Holder, who has obstructed justice and blocked Congressional investigation of Kagan’s bias in the Obamacare case.
“Federal law requires recusal from a case if a judicial officer of the United States ‘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 or controversy.’ 28 U.S.C. § 455(b)(3). In addition, a federal judge must disqualify herself from participating in a matter if her ‘impartiality might reasonably be questioned.’ Id. at § 455(a). It appears that former Solicitor General Kagan’s participation in the Obama Administration’s defense of the PPACA may satisfy both requirements for recusal,” the letter said. You can read the Senators’ full letter here.
Sadly A.G. Holder continues to stonewall Congressional investigations. “Unfortunately, your Department has rejected all Congressional oversight requests for information about her role in the Obama Administration’s defense of this law [Obamacare].” While Holder blocks any justice to help Obama, Kagan scored the touchdown by defending Obamacare, and now she acts as the “instant replay referee” to find no flags on her own play.
Her “impartiality” is obviously flawed, as the Senators point to a March 2009 email Kagan sent to DOJ Legal Adviser Larry Tribe concerning Obamacare: Entitled, “Fingers and toes crossed today!” Kagan emails, “I hear they have the votes, Larry!! Simply amazing.” [How impartial can she be when ruling on this law?]
Political analyist Dick Morris agrees: “As Solicitor-General, Kagan was the point person for defending the constitutionality of federal law before the Supreme Court. She was, in effect, the lawyer supporting the Health Care law. How can she now sit in judgment on it?” Morris has also delivered 19,000+ petitions to Congress, along with our 63,000+.
Can you help us reach 100,000 fax petitions to Congress? Please sign our fax petition.
85 groups + 96,000 petitions demand Kagan recuse Obamacare.
I have amazing news to report. We can stop Obamacare and many tax-funded abortions!
Now leaders of 85 groups represent millions of Americans (including me, Chaps, representing YOU) signed a joint letter to House Judiciary Chairman Lamar Smith (R-TX), as drafted by our dear friend Philip Jauregui, President of the Judicial Action Group, including a veritable “Who’s Who” of Christian and conservative activists, including Family Research Council, Christian Coalition, Eagle Forum, Concerned Women for America, and many tea party groups. You can read our full letter and list of 85 groups here.
The new letter explains we have a “basis to question the impartiality of Justice Kagan if she were permitted to prepare the defense of a case as an advocate and then switch roles and judge the defense of that same case as a justice.” [Chaps’ comment: Imagine going to court, and suddenly the defense lawyer takes over as judge? How unfair and biased! ]
“Attorney General Holder has failed to comply with your repeated requests [to subpoena Kagan’s records] and has characterized your reasonable requests to determine the facts in this matter as ‘unseemly.’ We disagree, and believe that it would be ‘unseemly’ for the system of ‘checks and balances’ to fail to operate in this landmark matter. Accordingly, we respectfully request that you immediately hold hearings to investigate the full extent to which Justice Elena Kagan was involved in preparing the legal defense of the PPACA during her former service as Solicitor General.” [Chaps wants hearings, impeachment!]
Friends, we fought against the pro-abortion funding provisions of Obamacare by faxing over a million petitions to Congress. We fought against Kagan’s appointment to the Supreme Court with nearly a quarter million petitions. We helped persuade 26 state attorneys general to join the lawsuit NFIB v. Sebelius to defeat Obamacare in court.
We’re now joining the final battle at the Supreme Court of the United States, to defeat Obamacare permanently, but one biased Justice Elena Kagan could decide our fate.
I need 10 or 20 folks to please donate $500 or $1,000 extra this week, just to break even. (If anybody thinks I’m getting rich here, they’re mistaken.) Help us help America!
Let’s take one final stand against Obamacare. Take action today…
Friends, our Supreme Court will soon decide if Obamacare and it’s pro-abortion tax-funding is Constitutional. Let’s take a stand today, and demand Justice Kagan recuse herself, or face impeachment hearings.
God Bless you, in Jesus’ name,
Chaplain Gordon James Klingenschmitt
For interviews, speaking invites, select here.
P.S. Time is urgent! Please sign our petition today. Prefer to donate by mail? Please mail paper check or money orders to: The Pray In Jesus Name Project, PO Box 77077, Colorado Springs, CO 80970.
