Opponents of the Patient Protection and Affordable Care Act of 2010 (PPACA) would like to get Supreme Court Justice Elena Kagan to recuse herself when the court hears cases challenging the constitutionality act.

Sam Baker writes for The Hill about efforts by House Judiciary Committee Chairman Lamar Smith, R-Texas, to find concrete evidence that Kagan is too heavily involved in the case to participate in hearing PPACA cases.

Kagan, who was picked to serve on the Supreme Court in May 2010 and has been an associate justice since August 2010, was President Obama’s solicitor general while the administration was working to get the act through Congress.

Smith says the U.S. Justice Department has failed to respond appropriately to requests for documents and interviews that might shed light on Kagan’s role in developing and implementing PPACA. Smith says the department refused to give him documents he asked for, then publicly released the e-mails that his inquiry covered, Baker says.

Read the story.

-alb