Emails show Elena Kagan gushing over Obamacare passage: “I hear they have the votes, Larry!!”

Double-exclamation point!!

This, on top of the fact that we already know Elena Kagan huddled with the White House to help craft the legal defense for Obamacare just five months prior to being sworn in as a Supreme Court justice.

A case for recusal doesn’t get much more clear-cut than this. Don’t hold your breath though waiting for Kagan to recuse herself when the Obamacare challenge lands in the Supreme Court; this is exactly why Obama nominated her.

( – On Sunday, March 21, 2010, the day the House of Representatives passed President Barack Obama’s Patient Protection and Affordable Care Act, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released late Wednesday to the Media Research Center,’s parent organization, and to Judicial Watch.

“I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails.

The Justice Department released a new batch of emails on Wednesday evening as its latest response to Freedom of Information Act requests filed by and Judicial Watch. Both organizations filed federal lawsuits against DOJ after the department did not initially respond to the requests. originally filed its FOIA request on May 25, 2010–before Elena Kagan’s June 2010 Supreme Court confirmation hearings.

Be sure to read the rest at CNS News.

Hat tip: Drudge.

Comment Policy: Please read our new comment policy before making a comment. In short, please be respectful of others and do not engage in personal attacks. Otherwise we will revoke your comment privileges.
  • The fact alone that she helped with the legal defense for obamanation is reason enough. She needs to be told to step down for this one!

    • Anonymous

      She will not step down, by design I would say.

      These Statists despise the Constitution. They all knew that the mandate, if upheld, will be the death blow to individual liberty, establish the commerce clause as unlimited power, and cement the role of Central Government over citizens and States.

      Kagan was part of a well planned scocialst/statist legal strategy. Her move to the Supreme Court was also planned. This legal fight is why she is there. She will not step down and they know that no one in Central Government will challenge her.

      If the Supreme Court allows the mandate to stand, we will know the fix is in folks. We will then see if Americans want to lie down like socialist cattle or fight to take our freedom back.

      • Unfortunately I know that now sDee. I had the same question on my mind as NYGino- and it was posted that they do not have to step down. Now I realize just what kinds of powers the “men in black” have.

      • Anonymous

        1776 all over again?

        • Joe

          I have adjusted my sights at the range

          Cleaned up my gun(S)

          Bought some fresh ammo

          Let’s roll!

          • DCGere

            And get to the target range to work on that aim! Well, at least needed in my case 🙂

            I’m not going to hold my breath that the repubs demand she recuse herself. I do believe they have been neutered at this point.

    • Anonymous


  • Is there still a chance she takes herself out of this? Her appointment to the SCOTUS was a joke….and I hated her in Paul Blart: Mall Cop.

    • Anonymous

      I dunno. This Kagan dude looks sort of like a chick.

      (a line stolen from a Beavis & Butthead “review” of “Alien”)

  • Linky1

    Just listening to this on FOX News and as Glenn Beck would say – :Blood is shooting from my eyes!”

    When we watched what passed for her confirmation hearings, we all knew she was a political plant for Obama, now it’s been proven.

    Join the queue behind Eric Holder, Timothy Geithner and_______________(another official to be named after, whatever the scandal is) to resign, step down, quit, whatever.

  • Philo Beddoe

    And who voted Kagan in as a SCOTUS judge?

    The mindless republicRATS again sold out America

    • Anonymous

      The elephants are stupid, complicit or both. We the People are on our own.

  • Anonymous

    She should recuse but she will not.

  • Anonymous

    Not being a legal scholar I have to ask the more informed minds on TRS. Does she have to recuse herself or is there a process to have her recused if the facts warrant it, as seems to be the case here?

    • No and no. Supreme Court judges are accountable to no disciplinary system (since they are at the top of the legal system) and so they are implored to use their judgment.

      If Thomas doesn’t recuse himself, I can’t imagine she will either. Morally, they probably both should.

      • Anonymous

        Why woulf C Thomas need to recuse himself? Nnever held any position in lower courts or testified as an advocate against or for the legislation. Ms Kagan absolutely did as her roll as soliciter general and furthermore, this email proves she’s an advocate for it. If she wasn’t ever part of the regime then well she/he whatever you want to call it, wouldn’t have a problem in my eyes. If their was a significant other, the same could be said of the situation. Certainly, most will agree with that unless we’re talking about irrational liberals like yourself.

        I suppose there wasn’t any harm in pointing this out to you knowing full well it’s a waste of valuable time.

        • Clarence Thomas’ wife, and thus Clarence Thomas, stands to gain financially from the repeal of Obamacare. I would call that at least the appearance of impropriety, which is the standard that’s set.

          Clarence Thomas & Scalia also just attended a dinner sponsored by the law firm that’s going to be arguing against Obamacare in front of the Supreme Court. At any level of federal court below the SC (where, again, they are not accountable to any sort of governing body) that would earn serious disciplinary action.

          • Anonymous

            Were you in attendence? Do you have an accurate account of what was said at the dinner? Was the case discussed in reference to the actual signed law?

            If you can’t answer yes to these simple questions then you’ve lost your point of argument. Go back to school and study the topic of first hand evidence.

            If you really want to be constitutionally correct, neither Kagan nor the wise Latina can be present at the court case as Obama is a usurper that was never vetted as being a legitimate President. You see, he’s not a natural born(born of two US citizen parents) citizen, he’s native born which disqualifies him. However, since the SCOTUS is full of sh!t, it refuses to hear ligitimate testamony to this. The rule of law in this country is non existant and we’ve been paying for that for well over a century. Both paries are responsible but the main culprit is the populous which is frankly composed of idiots.

      • Anonymous

        The situation between Thomas and Kagan are not close by any stretch of the imagination. But no worries, State Television will be sure to brainwash the masses.

    • Good question NY, and I was wondering the same. I guess it looks like a no. 🙁
      That stinks!

  • Anonymous

    Pretty freaking ridiculous if you ask me… Its a no brainer she should recuse herself… but I agree, she won’t , not unless there is just unbearable public pressure.. and I don’t know if that is even possible…after all they are libs and they have no moral compass..

  • Anonymous

    It would be tooth decay sweet, if the very person O’ installed to get his socialistic framework aka healthcare law through the Supremes had to recuse.

  • Some Republicans voted for Kagan…this is from the Los Angeles Times around the time she was confirmed…

    “Kagan is “someone who has worked tirelessly to advance a political ideology — often at the expense of the law,” Senate Minority Leader Mitch McConnell of Kentucky said before the vote.”

    “The final vote came after 12 weeks of consideration and three days of floor debate. To mark the significance of the occasion, senators voted while staying at their desks in the Senate chamber. Republicans supporting Kagan were Sens. Susan Collins and Olympia J. Snowe of Maine, Lindsey Graham of South Carolina, Judd Gregg of New Hampshire, and Richard G. Lugar of Indiana. Ben Nelson of Nebraska was the only Democrat to oppose her.”


    • The usual gang. What really p’d me off about this one, was when GW had his nominees for courts, some of those people had been waiting over 2 YEARS to get a yes or no. When this leftist hag was nominated by dear leader- the dems screamed for confirmation and these idiots caved.

  • KM

    Likely the primary reason the regime leader nominated her to the Supreme Court. To insure the passage of socialism.

  • Joe

    She won’t recuse – Why should she ?

    Why break the pattern this administration has established of “pushing the envelope” of skirting the laws made only for the subjects of the chosen one.

    After all – O’bummercare must be good – because the chosen one says it is good for us all

    BUT if she does not recuse – all hell should break loose – if not then we will all
    know what a bunch of Pansies the Republicans are!

    2012 is going to be a very tumultuous year

    I predict that “it” will hit the fan from many angles – even from overseas – but who cares – predictions are cheap and soon forgotten

  • Anonymous

    Didy’all know that Kagan worked AGAINST 9/11 VICTIMS AND THEIR FAMILIES
    as she REPRESENTED THE SAUDIS on behalf of US government ??
    She should be removed from every jihad related case that comes up before SCOTUS.
    Also, since she +HaHaWard FINANCIALLY PROFITTED from the Saudis, she should be treated like an agent of a foreign government
    From link :

    The complaint regarding Kagan’s move to shield the Saudi Royal Family from lawsuits highlights the following key information:

    ‘”Kagan, acting as President Obama’s Solicitor General, argued that the case should not be heard even if evidence proved that the Saudis helped underwrite al Qaeda, because it would interfere with US foreign policy with the oil-rich nation. She posited “that the princes are immune from petitioners’ claims” because of “the potentially significant foreign relations consequences of subjecting another sovereign state to suit.” (Source: Raw Story).
    In addition,
    “Right after she helped with this lawsuit blocking, Prince Al-Waleed donated $20 million Dollars to Harvard with no strings attached.

    “(I’m sure you remember Al-Waleed. He’s the same Al-Waleed who has been bankrolling Obama all his adult life).
    Continue reading on Trouble at the Supreme Court–Kagan raises specter of crisis – National Conservative |

    • Excellent. Thank you cheez

      • Linky1

        Why does this NOT surprise me? Thanks, Cheez. Good info there.

  • Anonymous

    It is exactly for a worst case scenario like this the people demanded the Second Amendment.

    How lost are we when we elect and support those who scheme to take away our essential freedom? How weak are we to leave in the hands of a few appointed judges, what we ourselves have the power to correct?

    The American people should vote enmass in 2012 for the repeal of Obamacare.

  • Anonymous

    Having a family member or a friend or even an investment in some industry connected to a case is usually enough for a judge to recuse themselves.

    But it is one thing to have a family member involved or working for an agency, it is completely different and much more involved to have planned the defense for a case that is coming before you.

    She needs to recuse herself. Period. Anything less makes a farce of the highest court of the land. However, it is not the first time our government and corruption have been so openly fornicating that the outcome is anything less than a joke…

  • Anonymous


    Elena Kagan, who’s fingerprints, as a major legislative figure in the Obama administration, are ALL OVER this vile piece of un-American unconstitutional legislation, MUST recuse herself immediately. If she has the slightest regard for the respect of her fellow justices, the legal community, and the American people, she will take this action. It is a matter of both ethics and HONOR.

    But one seldom finds such concepts among socialists, so she probably won’t. Most Marxists, like the Justice, regard honor as an antiquated “bourgeois” vestige. So she’ll probably vote advance the cause of socialism. Hopefully enough of her colleagues will vote otherwise to kill this monstrosity in its cradle.

    I’m told that the Chief Justice, in a rarely used rule, may force a Justice to recuse. So maybe Roberts can pressure-shame her into doing the right thing. But then, leftists have as little regard for shame as for honor.

  • Anonymous

    This pig won’t recuse. She,as well as Holder & Hussein himself, do as they please because no one on their side nor republicans will stand up & face them. The cards are stacked agaist us & who do we have to clean up this mess? Out of all the republicans running,not one gives me much hope. Only the Second Coming of Christ will solve this one.

  • It doesn’t change the disgusting fact that the weak-kneed Republicans approved her. The time for striking her down has come and gone, just like Obama.

  • Whether she recuses or not, the individual mandate has never been expected to survive at the Supreme Court. Further, organizations in favor of the PPACA have called on Justice Thomas to recuse himself as well because of his wife’s ties to organizations advocating against the law. According to a recent report, neither is recusing on this case.

    • It got too close so I deleted it-

  • Big brother is controlling the media and has 90% of the comments on all media sites creating the perception of public opinion.

    This is the real story that the media is not and cannot report on. Here’s what Obama, Osama, Biden, Bin Laden, the FBI’s Most Wanted Terrorists, and Sarah Palin had to do with the last election and the military’s overthrow of our government.

  • This is the perfect opportunity for the Obama Regime to make history, again. The House should call for Kagan’s immediate impeachment and removal from the bench, on the grounds of her dishonesty, ranging from her failure to disclose her work on ObamaCare, to her lie of being impartial, to her refusal to recuse herself from these proceedings. Personally, I’d be looking to charge her with rendering perjurious testimony, during the confirmation hearings, and 18 U.S.C. § 1001. Part of warfare is the psychological, and continually inflicting psychological injuries on Obama, ranging from the repudiation of his un-American, un-Constitutional ObamaCare, to the removal of his czars (like the America-hating Van Jones) and now the unprecedented removal of a sitting Supreme Court judge would leave him reeling and punch drunk. Not the thing he wants, going into an election season that’s already slanted against him. The Conservatives need to separate themselves from the Republicans (and on my FaceBook, I’ve followed suit with Palin and dumped my “Republican” designation for “Conservative”) and attack like a pack of rabid dogs. Leave the Republicans to either sit indecisive (and useless) or actually defend Obama; either way, it’ll be their political death knell. In the meantime, it’ll be a great opportunity to do what the liberals, socialists, communists and various other miscreants finally succeeded in doing to the DNC: we must take over the GOP and change it from within, ejecting the simple Republicans. There is no more room for “big tent” BS. Purge all non-Conservatives, forever. Strike this blow, and get the ball rolling.

    • Anonymous

      I’m not certain Thomas Jefferson could declared the case more succinctly- I’ll just highlight what you wrote–

      –The House should call for Kagan’s immediate impeachment and removal from the bench,

      –…continually inflicting psychological injuries on Obama, ranging from the repudiation of … the removal of his czars….and…removal of a sitting Supreme Court judge would leave him reeling and punch drunk.

      —The Conservatives need to separate themselves from the Republicans

      –we must take over the GOP and change it from within, ejecting the simple Republicans.

    • Anonymous

      I can barely read your excellent commentary. It makes my stomach turn to see in writing, a summary of our present situation. I can now see how governments can effectively scare large populations and control their every move. Stay the way you are and lead the way for the rest of us who are losing ground and faith in our government.

  • Anonymous

    figures! just how a pagan would act. lawlessness just like the pagans of ows. kagan the pagan fits right in “The O.W.S. of the whitehouse”

  • Anonymous

    Double exclamation point to go along with her double chin.

  • This is a piece I wrote concerning Riddle – Answering Kagan during her Confirmation Hearings and so we come to now… we are with what was voted in by the collective of legal colleagues of the entirety of the Senate and House of Lawyers, a government for and by the legal establishment…

    “McCain got it right on this no-brainier. Only Senators with a gram of dignity would take the same position!

    This Ruse of a Nomination is nothing more than a well placed political hack for others to control as she obviously is very much a “yes” person which is evident with her past jobs she’s held.

    Immediate dismissal is required of Ms. Kagan’s nomination to the U.S. Supreme Court.

    1) Her experience in anything to do with a court room is absent.

    2) Her “joke’ concerning the question that was placed in where she was on Christmas was appalling to me and many. Her response indicates that she only respects herself and her agenda, not to millions of Christians or Jews that she may had offended. The laughter by the “committee” also was right out of a canned sit-com charade!

    3) She obviously has a very strong “progressive” (what I call communist) view of the world and how a government is to be used to control the masses. She actually reminds me of a former Soviet Union “Political Officer” or a “Block Commissar” in her character, actions and deeds that include her strong dismay and negative feelings for our military. Remember, a lot of the successful Generals, Officers and NCO’s under Stalin’s USSR that won the war against the Nazi’s where sent to Gulags by these well placed soviet “officials”.

    4) She has not written anything that is distinguished nor actually litigated or judged which is immensely troubling! I find that she is nothing more than an Academia Elite that has an empirical view from a much pampered Campus Life, which is nowhere near where 99% of the U.S Citizenry is from. I find her to be naive to the real America due to this fact.

    5) Many of her replies of the questions by the judicial committee were of confusing riddles with no definitive conclusion of an answer.

    6) What we need to have sit at the highest court of the land are people whom are Noble, Dignified, and Honorable, whom have shown great judgment through deeds and actions along with published distinguished writings.

    7) Any Senator who votes for her nomination is a fool and is discrediting their integrity and honor as it will be proof they have no moral compass and total disregard for the American citizenry.”

  • Anonymous

    Perhaps they should change the sign from “supreme court” to “kangaroo court”

    Then there would be no conflict of interest issue.

  • Jason siejutt

    she needs to recuse herself when the supreme court reviews this.