Judicial Watch goes after Elena Kagan’s potential conflict of interest over Obamacare

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The government watchdog group Judicial Watch announced today that it is has filed a Freedom of Information Act lawsuit against the Department of Justice in an attempt to get its hands on documents related to Supreme Court Justice Elena Kagan’s participation in activities regarding the Patient Protection and Affordable Care Act during her tenure as solicitor general.

Judicial Watch, which only announced their legal action today, filed the request on June 18, 2010 and the DOJ acknowledged the request on July 8, 2010. Judicial Watch reports that it has yet to see the documents or hear from the DoJ about when to expect them.

The documents Judicial Watch has requested include Kagan’s briefing documents, legal opinions, and communications records with various offices regarding the constitutionality of the Affordable Care Act.

The outfit says it is looking to obtain the records in an effort to provide transparency to the issue, especially as challenges to the constitutionality of the law is likely to end up before the Supreme Court.

“[The Affordable Care Act] is one of the most controversial pieces of legislation in U.S. history. It has already been the subject of much litigation, and the constitutionality of the Act will likely be decided by the United States Supreme Court within the next two years,” Judicial Watch writes in their lawsuit.

Judicial Watch president Tom Fitton explained the importance of obtaining the documents.

“U.S. Supreme Court rulings on Obamacare may be some of the most important in the nation’s history,” he said. “With so much at stake, this is no time for gamesmanship and secrecy by the Obama Justice Department. This is a simple question and the American people deserve a straight answer: What role did Elena Kagan play in Obamacare discussions while she was at the Justice Department? The Justice Department’s silence is deafening.”