GOP Judiciary members to call for Kagan to not hear pending healthcare challenge

Alex Pappas Political Reporter
Font Size:

All seven Republicans on the Senate Judiciary Committee have signed a letter demanding that Supreme Court nominee Elena Kagan answer additional questions about whether she will recuse herself from a pending court challenge to President Obama’s healthcare law if she is confirmed to the high court, The Daily Caller has learned. (READ THE LETTER)

“Notably, we are concerned about the standard you would use to decide whether to recuse yourself from litigation you participated in as Solicitor General,” reads the GOP letter of 13 questions about her involvement with one specific healthcare challenge.

A Wall Street journal editorial on Tuesday pointed out that Kagan has agreed to recuse herself from participating in 11 cases — due to her time as Solicitor General — but the healthcare law challenge brought by Florida and 20 other states was not one of those cases.

The conservative Judicial Crisis Network says Kagan should not participate in the healthcare challenge if that case reaches the Supreme Court’s docket “because it is highly likely that Kagan played an official role in the administration’s response to the lawsuit.”

“This point should be clarified by Senators before voting on her nomination,” write Gary Marx and Carrie Severino at the Judicial Crisis Network in a letter to Senators on the Judiciary Committee.

Email Alex Pappas and follow him on Twitter

<center> <strong> WATCH: KAGAN’S BACKGROUND </strong>

<iframe src=”http://widget.newsinc.com/single.htm?WID=2&VID=81817&freewheel=90046&sitesection=dailycaller” height=320 width=425 frameborder=no scrolling=no noresize marginwidth=0px marginheight=0px></iframe> </center>