Kagan's email exchanges over Obamacare

Will Kagan recuse herself from the Obamacare case? I doubt it, but new information came out this week on her activities on the legislation.

In the email titled "Re: fingers and toes crossed today!" she wrote: “I hear they have the votes, Larry!! Simply amazing."

In another email marked “Health care litigation meeting" she had this:

The subject line on the of Perrelli’s 6:11 p.m email was: “Health care litigation meeting.”

“It sounds like we can meet with some of the health care policy team tomorrow at 4 to help us prepare for litigation,” Perelli wrote in this email. “It has to be over there. Can folks send me the waves info (full name, SSN, DOB) of everyone that should attend as soon as possible? WH wants it tonight, if possible. I know we won’t get everyone’s in tonight.

“Also,” Perrelli continued, “we need to think about the key issues/question for the agenda. [Language redacted] tops my list, but I know there are others.”

At 6:18, Katyal forwarded this email to Kagan. “This is the first I’ve heard of this,” Katyal told Kagan. “I think you should go, no? I will, regardless, but feel like this is litigation of singular importance.”

One minute later—at 6:19 p.m.—Kagan responded to Katyal: “What’s your phone number?”

Three minutes after that, Katyal sent Kagan his phone number and the email chain ended. . . .

A related article is available from The Hill newspaper.

Democrats on Capitol Hill are worried that the Supreme Court will rule against President Obama’s healthcare reform law.

Over the last couple weeks, congressional Democrats have told The Hill that the law faces danger in the hands of the Supreme Court, which The New York Times editorial page recently labeled the most conservative high court since the 1950s.

While the lawmakers are not second-guessing the administration’s legal strategy, some are clearly bracing for defeat. . . .

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