(CNSNews.com) - On Jan. 13, 2010, the Republicans on the Senate Judiciary Committee sent then-Solicitor General Elena Kagan a series of written questions examining the issue of how she would handle recusing herself from cases she might have been involved in as solicitor general if she were confirmed to the Supreme Court.
"Notably, we are concerned about the standard you would use to decide whether to recuse yourself from litigation you participated in as Solicitor General," the senators wrote. "In particular, we are concerned about litigation that was clearly anticipated, but had not yet ... reached the point where your approval was sought for filings or pleadings."
Among other things, the senators asked Kagan if she had ever been asked her opinion regarding the merits, or underlying legal issues, in Florida’s lawsuit challenging the Patient Protection and Affordable Care Act (PPACA)—otherwise known as Obamacare.
In her written responses, Kagan answered: “No”...