Kagan the Pagan Views Her Job Move From Obama’s Solicitor General to Supreme Court Justice as Not That Much Different

Of course it isn’t.  After all, her job as Obama’s Solicitor General was to cover and kiss Obama’s ass, and now that Obama has maneuvered her into the Supreme Court, she’s just doing the job she was hired to do.  If she was really serious about her role as a Supreme Court Justice, she would have recused herself from the Healthcare Deform proceedings:

Kagan on Switch from Obama’s Solicitor to Justice: ‘Sometimes I Think the Job Doesn’t Really Change at All’
By Terence P. Jeffrey
April 16, 2012

(CNSNews.com) – Speaking at the Newseum in Washington, D.C., last week, Supreme Court Justice Elena Kagan said in describing her move from solicitor general to Supreme Court justice that “sometimes I think that the job doesn’t really change at all.”

As solicitor general, Kagan’s job was to advocate the Obama administration’s position in cases brought to the Supreme Court.

“So, sometimes I think that the job doesn’t really change at all–that as solicitor general my life was spent trying to persuade 9 people and now it’s just trying to persuade 8 people,” said Kagan.

Kagan made the remark Wednesday at a forum celebrating the 30th Anniversary of the nomination of retired Justice Sandra Day O’Connor. (O’Connor became the first women to serve on the Supreme Court in 1982 after she was nominated by President Ronald Reagan and confirmed by the Senate.) Kagan spoke at the forum on a panel that included O’Connor and fellow justices Ruth Bader Ginsburg and Sonia Sotomayor.

Newseum CEO James C. Duff, who formerly served as a counselor and administrative assistant to the late Chief Justice William Rehnquist and as director of the Administrative Office of the U.S. Courts, moderated the panel.

At one point in the discussion, Duff asked Kagan, who has served a year and a half on the high court, if there were “still challenges” for her in adjusting to the job.

“Oh, every day is a challenge,” said Kagan. “But, you know, for me, I had never been a judge before, and just figuring out the mechanics of the job. You know, I have these four clerks, what do I do with them? What is the best process for drafting an opinion? When do I read the briefs? Do I read them the day before, the week before?

“So, all those things which I think most of my colleagues have just sort of figured what processes worked for them—I was very much last year, and continuing, to sort of do trial and error and experiment a little bit and figure out what works for me,” said Kagan.

Duff then asked Kagan: “[S]erving as solicitor general, did you find that helpful and useful?”

“Yeah, hugely helpful,” said Kagan.

“You know, because you’re just kind of looking at the court from somewhat different vantage point, but really spending all your time thinking about those 9 people and what they are doing,” said Kagan.

“So, sometimes I think that the job doesn’t really change at all,” said Kagan, “that as solicitor general my life was spent trying to persuade 9 people and now it’s just trying to persuade 8 people.”

President-elect Barack Obama announced on Jan. 5, 2009 that he would nominate Kagan to be solicitor general. The Senate confirmed Kagan on March 19, 2009. Prior to becoming solicitor general, Kagan was dean of Harvard Law School. From 1995-99, she had worked in the Clinton White House.

Kagan served as the Obama administration’s solicitor general during the time the Patient Protection and Affordable Care Act—AKA Obamacare—was proposed in Congress, debated, enacted and challenged by lawsuits in federal court.

A series of emails that CNSNews.com secured from the Justice Department after filing a Freedom of Information Act request and then a lawsuit revealed that Kagan had some interest in the Obamacare legislation while she was serving as Obama’s solicitor general.

On Oct. 13, 2009, when the Senate Finance Committee voted 14-9 to send its version of the legislation to the Senate floor, Kagan’s top deputy Neal Katyal sent her an email to let her know that Sen. Olympia Snowe (R.-Me.) had voted for the bill in the committee. “[W]e just got snowe on health care,” Katyal wrote Kagan.

Four months later, on Jan. 8, 2010–after Obamacare had passed in the Senate and after Florida and other states had indicated they might file suit against the bill if it were enacted—Katyal received an email from Brian Hauck in the office of Associate Attorney General Tom Perrellli. Hauck said in that email: “Tom wants to put together a group to get thinking about how to defend against inevitable challenges to the health care proposals that are pending, and hoped that OSG could participate. Could you figure out the right person or people for that? More the merrier. He is hoping to meet next week if we can.”

Katyal emailed back to Hauck: “Absolutely right on. Let’s crush them. I’ll speak with Elena and designate someone.”

Katyal then forwarded Hauck’s email to Kagan. “I am happy to do this if you are ok with it,” he said to his boss.

“You should do it,” Kagan told Katyal in a return email—thus, assigning her top deputy to handle the preparation for the anticipated challenges to Obamacare.

Katyal then emailed back to the associate attorney general’s office: “Brian, Elena would definitely like OSG to be involved in this set of issues. I will handle this myself, along with an Assistant from my office, [name redacted] and will bring Elena in as needed.”

On March 21, 2010, a little more than two months after Kagan assigned Katyal to handle preparations for the anticipated challenges to Obamacare, the bill came up for a final vote in the House of Representatives. That day, Kagan celebrated its anticipated passage in an email exchange with Lawrence Tribe, the famed Supreme Court litigator who was then–like Kagan–working in Obama’s Justice Department.

“[F]ingers and toes crossed today,” Tribe said in the subject line of an email to Kagan.

“I hear they have the votes, Larry!!” Kagan responded. “Simply amazing.”

Two days later, President Obama signed the bill. That same day, Florida (joined by 12 other states) and Virginia filed suit against it in federal court.

On May 10, 2010, seven weeks after these suits were filed, Obama nominated Kagan to the Supreme Court. After Obama nominated her to the court, Kagan recused herself from her duties as solicitor general. Katyal, the deputy Kagan had appointed to handle the anticipated challenges to the health-care legislation, went on to to defend the legislation in multiple federal appeals courts.

Last month, Kagan sat on the Supreme Court when it heard oral arguments in the cases challenging the constitutionality of Obamacare. The court is expected to issue its rulings on the challenges to Obamacare in June.

When the Senate Judiciary Committee was considering Kagan’s nomination to the Supreme Court, she filled out a questionnaire for the committee in which she said she would “look to the letter and spirit of … 28 USC 455” in determining when to recuse herself from cases that would come before her as a justice.

28 USC 455 says a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned” or anytime [one] has “expressed an opinion concerning the merits of the particular case in controversy” while [one] “served in governmental employment.”

Explore posts in the same categories: Obama Sucks, politics, Supreme Court

4 Comments on “Kagan the Pagan Views Her Job Move From Obama’s Solicitor General to Supreme Court Justice as Not That Much Different”

  1. tgusa Says:

    Leftist females are a mirror image of the woman who run down the spouse that fled from their everyday nastiness, never to return. They’re angry and bitter. Leftist women have an inner hate that they are unable to control. It is no coincidence that the rise of leftist women has coincided with the deterioration of our once civilized society. They have dragged the penis and vagina into the public sphere. Homosexuality, drug addiction, the objectification of women reducing them to a couple of tits on the screen, fake titification, vagina demagogues, that’s all they have. Put it back in your pants already leftist women. If I had one wish to be granted it would be to live long enough to see leftist women imprisoned in harems.

    I loathe these so called women as much as they loathe me. Fortunately for me I have the wherewithal to defend my self, my values and traditions. Leftist women need others to do their fighting as they are incapable of doing it themselves.

  2. tgusa Says:

    Leftists will tell us there is a war on women. No, these are not women we are warring against. But of course lets skip over the primary point and go right to arguing sub points of skipped points. The guvmint is to these women what a man would have been. Not wanting men to control their lives they have opted for guvmint to take on the traditional role of husband, after all, what man in their right mind would want anything to do with women suck as these? Man up dude, err, leftist women, act like you look.

  3. tgusa Says:

    Our enemies have no use for lawyers or judges which really suits me fine at this time. A justice system is nothing without the respect of those they are charged to provide justice for. 19 fanatics flew planes into buildings and the outcome was every American being subjected to a prison like scrutiny. From my observation post that was the beginning of the hyper insanity we have had to endure over the last 10 or so years. Our leaders really have no where to hide and the people they live among are considered the enemy, or at least as potentially the same as the enemy. No one in the world trusts anyone who sells their own down the river. And that’s the way it will end for them. I wonder what it feels like to literally be men/women without a country?

    The courts don’t get it, or perhaps they are just insane already. The people are the Constitution and the Constitution is the people. Without that, the courts, are nothing.

    Nine people against a nation, thats a heck of a gamble.

  4. tgusa Says:

    And lets examine the left. They decry racial profiling but have you ever seen a party that is more racially profiled, sorted, categorized and prioritized than the left? Well, maybe the natzees but nevermind them as they only have that distinction because they were white. If natzees had been multis they probably could have got away with even more stuff. The left systematically uses racial profiling on the campaign trail. And that brings me to a question for myself and other Americans, what kind of stupid bs is this, how in the world does it pass a smell test, am I and others, retarded? If not we might consider using that as an excuse.

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