Senator Jeff Sessions (former U.S. Attorney, former Attorney General, Alabama) “Bench Memos” on February 23, 2012 wrote that Justice Kagan should recuse herself from the vote on Obamacare as she helped the Obama adminstration formulate the legal defense of the health care plan. Details follow below. No one in the media is discussing this disturbing fact. Contact your Representative and Senators and urge them to impeach Justice Kagan, who should have, but didn't, recuse herself from hearing this important Supreme Court case. According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.” Previously undisclosed e-mails that the Justice Department has released pursuant to court order demonstrate Kagan’s direct involvement in the administration’s defense of the president’s health law from the very beginning. In January 2010, she assigned her chief and only political deputy, Neal Katyal, to the matter — the legal equivalent of a firm’s senior partner delegating work to a junior associate. That same month Katyal wrote in an e-mail to the associate attorney general’s office that “Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues.” These actions alone constitute personal participation in the preparation of the case, and that is all §455(b)(3) requires to trigger mandatory recusal. Kagan herself has admitted that she attended “at least one meeting” in which the case now before the Court was mentioned, but the e-mails show that she also was privy to discussions of the administration’s litigation strategy at least up until the announcement of her nomination on May 10, 2010. On March 18, Katyal e-mailed Deputy Attorney General Tom Perrelli and copied Kagan, discussing in detail and providing an Internet link to a draft complaint in potential litigation. He wrote: “For what it is worth, my advice (I haven’t discussed this with Elena, but am cc’ing her here) would be that we start assembling a response, [material redacted] so that we have it ready to go.” And at least one e-mail suggests that discussions of litigation strategy were deliberately not conducted in written form. On March 21, {2011}, Katyal e-mailed Kagan to ask whether she would attend a key White House meeting on health-care litigation strategy. Kagan responded: “What’s your phone number?” These actions further support the need for her recusal.”