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udiciary Committee Launches Probe of Kagan’s Involvement in ObamacareWednesday, July 06, 2011By Terence P. Jeffrey[Editor’s note: As originally posted, this story used the word “investigation†in three places to describe what the House Judiciary Committee was initiating with Chairman Lamar Smith’s letter to the attorney general which is cited in this report. In those three places, the word “investigation†has been changed to “inquiry.†The committee requested a correction of the story, saying Smith’s letter asking for four categories of documents from the Justice Department as well as “witness interviews†is a “request for additional information†and not the beginning of a “formal investigation.†“The Committee has contacted the Justice Department for additional information, but we have not launched a formal investigation at this time,†a Judiciary Committee aide told CNSNews.com in an emailed statement. To see a follow-up story click here.](CNSNews.com) - The House Judiciary Committee is launching an inquiry to probe the involvement that Supreme Court Justice Elena Kagan had in “health care legislation or litigation†when she was serving as President Barack Obama’s solicitor general and was responsible for defending the administration’s position in federal court cases.The inquiry will look at whether Kagan is required by law to recuse herself from judging cases challenging President Obama’s health-care law and whether her answers to questions posed by the Senate Judiciary Committee during her confirmation process were accurate.
I have a feeling that nothing of substance will come out of this. She is unlikely to recuse herself regardless of the Judiciary Committee finds.
If the Judiciary Committee finds that she is required to recuse, and she doesn't, would that be an impeachable offense? And would they wait til after 0bama's gone to remove her so President Cain (or Palin, Bachmann, etc) can name the replacement?
I may be wrong, but I don't think that the Judiciary Committee has the authority to require her to recuse herself. I think they can only recommend. But if I am wrong, then it might be an impeachable offense if she refuses to. But I doubt the current Senate would actually act on any such impeachment proceeding brought by the house.
