The president may be experiencing buyer's remorse where Supreme Court Justice Elena Kagan is concerned ("Kagan must recuse from Obamacare case," Commentary, Friday). There is the question of a conflict of interest from when Justice Kagan was solicitor general and whether now, in adherence to the law, she will recuse herself from the Supreme Court's hearings on the constitutionality of Obamacare.
At her confirmation hearings, Justice Kagan said she would recuse herself from any case in which she "officially formally approved something" or "played a substantial role." Ironically, she may wind up being the nail in the coffin of Obamacare, the president's signature enactment.
Let's not forget that Mr. Obama arranged for Obamacare to be slipped into passage surreptitiously in the dead of night on Christmas Eve 2009 - to the horror of most Americans. I wouldn't put it past this administration to come up with some absolution to disregard the law so that Justice Kagan will not be disqualified to rule on this pivotal case.
If the Supreme Court does not find Obamacare unconstitutional, it will be crucial that the next (Republican) president, elected in 2012, repeal this albatross as one of the first things he does after taking office. A Republican president in 2012 who will uphold the Constitution is the last best hope for America.
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