I think that is correct. I appreciate the way the Wall Street Journal expressed that. I think that is a legitimate position. I hope the nominee will take very seriously those concerns and will respond promptly to the questions we have asked of her. I ask unanimous consent that the Wall Street Journal editorial be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: [From the Wall Street Journal, July 13, 2010] Kagan and ObamaCare Elena Kagan breezed through her recent confirmation hearings, but there's some crucial unfinished business the Senate should insist on before voting on her nomination to the Supreme Court. To wit, she ought to recuse herself from participating as a Justice in the looming legal challenges to ObamaCare. In response to Senate queries, Ms. Kagan has said she'll recuse herself from participating in 11 cases on which she represented the government in her current job as Solicitor General. The challenge to ObamaCare isn't one of them, though the cases brought by Florida and 20 other states were filed in March, well before President Obama announced her nomination on May 10. Ms. Kagan was never asked directly at her hearings about her role as SG regarding the healthcare lawsuits.…
On the recordJuly 14, 2010
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