Judicial Watch has filed yet another lawsuit challenging the Department of Justice’s refusal to disclose records pertaining to Justice Elena Kagan’s involvement in the Obamacare-litigation strategizing while she was solicitor general. Given the glacial pace of FOIA compliance by this administration and their clear interest in slow-walking the question until after oral arguments or even the Supreme Court’s decision, it’s unlikely that Judicial Watch will receive answers to its questions any time soon.
But no more information is actually needed to make the determination about Justice Kagan’s recusal. As I detail in this white paper, from the evidence we’ve had nearly a year now, it is evident that then-Solicitor General Kagan was acting as counsel for the government in strategizing the Obamacare defense. While I hope Judicial Watch receives more information to draw attention to and clarify the Justice’s involvement, her need to recuse remains clear.