Emails recently obtained by conservative government watchdog Judicial Watch reveal that in 2010, then-U.S. Solicitor General Elena Kagan was in a celebratory mood when she learned there was enough Senate support to pass the Obama administration’s health care overhaul.
“I hear they have the votes Larry!!” Kagan wrote in a March 21, 2010 email exchange with Laurence Tribe, who was then a White House senior advisor. “Simply amazing…”
Some Republican lawmakers have called for an investigation to determine if Kagan had any role in the implementation or defense of the health care law when she was solicitor general.
Neither Kagan nor Clarence Thomas – who is also the object of calls by some to recuse from the case based on his wife’s connections to groups urging that the law be struck down – indicated that they would recuse themselves from the case when the Court granted certiorari Monday.
“These new emails are bound to raise additional questions about whether Justice Kagan ought to participate in High Court deliberations on Obamacare,” said Judicial Watch President Tom Fitton in a statement. “Certainly, if these documents were known at the time of her confirmation, there may have been quite a different Senate debate.”