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We are pleased that the House Judiciary Committee has followed Judicial Watch’s lead and is investigating Justice Kagan’s role as Obama’s solicitor general in crafting a defense of Obamacare.The stakes are high regarding Kagan’s participation in Obamacare litigation. The U.S. Supreme Court is all but certain to decide whether or not Obamacare passes constitutional muster.Justice Kagan suggested during her confirmation testimony that she was merely a disinterested bystander during legal discussions about Obamacare. However, the documents Judicial Watch pried loose from the Obama Justice Department suggest otherwise. Justice Kagan and her key deputies were heavily involved in crafting a legal defense for Obamacare.
Judicial Watch’s Freedom of Information Act lawsuit has been consolidated with a similar FOIA lawsuit that had been first filed against the Department of Justice by the Media Research Center. The lawsuits are now both before the U.S. District Court for the District of Columbia. The documents were first produced in the Media Research litigation. Both the Media Research Center and Judicial Watch continue to seek additional documents.