H/T Jed Babbin

Based on documents received in reponse to a Freedom of Information Act request, the watchdog group Judicial Watch offers evidence that Elena Kagan’s involvement in preparing a legal defense of Obamacare should require her to recuse herself from any Supreme Court hearing of a relevant case.

The information also suggests that Kagan may have lied to the Senate Judiciary Committee.

More here:
http://www.judicialwatch.org/news/2011/may/documents-raise-questions-about-supreme-court-justice-kagan-s-role-obamacare-defense-s

Source documents here:
http://www.judicialwatch.org/files/documents/2011/mrc-kagan-docs.pdf

And here, the Office of the Solicitor General’s response to a similar FOIA request from CNS News and the Media Research Center, including their admitting that they first told CNS News that they (Terence Jeffrey in particular) could not get the information:
http://www.judicialwatch.org/files/documents/2011/mrc-kagan-vaughn-declaration-docs.pdf

CNS News has been digging deeper for the last few weeks, including here:
http://www.cnsnews.com/news/article/did-kagan-tell-deputy-she-assigned-healt

It would be interesting if Senator Jeff Sessions (R-AL) or Congressman Darrell Issa (R-CA) sink their teeth into this to use the power of a House or Senate subpoena to get the information necessary to see if Kagan (or others) lied to the Senate to get confirmed to the  Supreme Court, or whether enough information can be made public to essentially force her to recuse herself from any  Supreme Court hearing related to Obamacare.