Elena Kagan: The Justice Who Knew Too Much

In this interview, Michael Ostrolenk speaks with Carrie Severino, Policy Director of the Judicial Crisis Network, about their new report: “Elena Kagan: The Justice Who Knew Too Much.

Ms. Severino was previously a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. She is a graduate of Harvard Law School, cum laude, of Duke University, and holds a Master’s degree in Linguistics from Michigan State University.

The report begins:

“At least eight of the Supreme Court’s nine members will soon decide whether to review the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”). The only question is whether Elena Kagan, the Court’s most junior Justice, will also pass judgment on President Obama’s signature law or recuse herself because of her role in defending PPACA’s constitutionality as President Obama’s Solicitor General.

As President Obama’s top advocate, Kagan headed the office responsible for formulating the Administration’s defense of PPACA—and oversaw the arguments both on appeal and in the lower courts because of PPACA’s national importance. The President is now asking her to adopt the very same positions her office helped craft for him on this matter, but this time, as a Supreme Court Justice. Her jump from advocate to judge on the same issue raises profound questions about the propriety of her continued participation in the case. Moreover, the legitimacy of any decision where she is in the majority or plurality would be instantly suspect if she chooses not to recuse herself.”