Kagan was Obama's solicitor general before he nominated her last year to take the seat of Justice John Paul Stevens. She testified during her confirmation hearing in 2010 that she "attended at least one meeting where the existence of the litigation was briefly mentioned, but none where any substantive discussion of the litigation occurred." Kagan left the administration in August, about five months after the health care overhaul became law. She said she would not take part in cases in which she "participated in formulating the government's litigating position."
Conservatives point to Kagan's email exchange about an upcoming vote on the legislation in the House of Representatives. "I hear they have the votes, Larry!! Simply amazing," she said.
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The above quotations are from Columns and news articles distributed by the Associated Press.
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