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Tuesday, March 27, 2012
CNS' Jeffrey Trots Out Attacks on Kagan One Last Time

Terry Jeffrey, it seems, still can't get over his failure to keep Supreme Court Justice Elena Kagan from ruling on a legal challenge to health care reform.

We've documented how Jeffrey has spent the past several months trying to manufacture a conflict of interest that would keep Kagan from ruling on health care reform challenges, while simultaneously ignoring a more clear conflict of interest involving a conservative justice, Clarence Thomas.

Jeffrey gave it one final shot in a March 26 article:

When the Supreme Court on Monday began hearing oral arguments in the cases challenging the constitutionality of the Patient Protection and Affordable Care Act—AKA “Obamacare”—Supreme Court Justice Elena Kagan showed up to hear the arguments and gave no indication she would recuse herself from judging the cases even though she had cheered enactment of Obamacare as an Obama political appointee and had personally assigned her top deputy in the Obama Justice Department to defend the law in federal court.

Jeffrey doesn't explain how Kagan appointing someone else to handle defending the law equates to an actionable conflict of interest (perhaps because it doesn't). As for the the claim that Kagan "cheered enactment of Obamacare," this is limited to an email in which she wrote to law professor Lawrence Tribe: "I hear they have the votes, Larry!! ... Simply amazing." Again, Jeffrey doesn't explain how thisequates to having "expressed an opinion concerning the merits of the particular case in controversy."

As before, Jeffrey makes no mention whatsoever of Thomas, whose wife, Ginni, is a right-wing activist who founded a group that has attacked health care reform. Thomas also failed to report his wife's income on financial disclosure forms, despite the fact that she earned hundreds of thousands of dollars over the last several years working for right-wing groups that oppose health care reform. 

Jeffrey apparently wanted to get the old, unsubstantiated claims out there one last time before he is forced to retire these tired, ineffective talking points once and for all.

Posted by Terry K. at 1:19 AM EDT

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