An Oct. 14 CNSNews.com article by Jeffrey details CNS' latest attempt to obtain internal documents from Kagan's tenure as solicitor general in an attempt to demonstrate that Kagan played some role in defending the Obama administration's position on health care reform. All Jeffrey can come up with, however, is that Kagan named a deputy to handle the issue, and that efforts were made to wall off Kagan from handling the case in anticipation of a Supreme Court nomination.
This time around, a judge ruled that CNS and the right-wing group Judicial Watch could not obtain emails Kagan "sent from her DOJ email account to people in the White House—in which she discussed her recusal decisions as solicitor general—because the emails were 'used for a purely personal objective.'"
As per usual, Jeffrey does not mention conflict-of-interest issues regarding a conservative Supreme Court justice. Clarence Thomas' wife is a a right-wing activist who has attacked health care reform as unconstitutional. Thomas also failed to disclose his wife's income from activist groups for several years.
Indeed, a search of the CNS archives indicates that it has never reported on Thomas' conflict of interest.