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Congressman John Fleming: Should Kagan Recuse Herself?

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Louisiana’s Fourth District Congressman Dr. John Fleming, released the following statement today responding to claims that Supreme Court Justice Elena Kagan was involved in drafting a legal defense of  the Patient Protection and Affordable Care Act when she was Solicitor General of the United States.

Supreme Court Justice Kagan was nominated by President Obama and confirmed to the high court by the Democrat controlled Senate, and many Republicans in 2010.

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“Today’s claims that Supreme Court Justice Elena Kagan was involved in crafting a legal defense of Obamacare as Solicitor General are deeply disturbing. Given these claims, how can any reasonable person believe that Justice Kagan can be impartial in her consideration of any case involving Obamacare before the Supreme Court?  I also find it troubling that groups investigating this matter have been stonewalled by the Justice Department. Americans have a legitimate right to know whether or not Justice Kagan’s involvement in Obamacare warrants a recusal from any Obamacare case that comes before the Supreme Court,” said Congressman Fleming.

In his own words, Congressman Fleming added, “If Obamacare is such a great law like President Obama claims, then why should a legal defense need to be crafted? Why do scores of waivers need to be issued and why do more than two dozen states have legal challenges against the law pending in the courts? The reason of course is that Obamacare is unconstitutional and should never have been enacted in the first place. As a practicing physician for over 30 years, I can see firsthand the devastating effect this law is already having on both patients and doctors. Obamacare needs to be defunded, repealed, and replaced with free market solutions that put the patient first.” 

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