The U.S. Justice Department is contesting in federal court a Freedom of Information Act request filed by CNSNews.com that seeks department records that could shed light on the question of whether Supreme Court Justice Elena Kagan needs to recuse herself from legal challenges to the health-care reform law President Barack Obama signed last March.

By Terence P. Jeffrey at CNSNews.com

EXCERPTS:

The case—the Media Research Center v. the U.S. Justice Department—arises from a complaint the Media Research Center filed on Nov. 23, 2010 against the Justice Department in the U.S. District Court for the District of Columbia.

The CNSNews.com FOIA asked for three categories of records. These included records of any meetings or communications Kagan might have participated in as solicitor general that involved President Obama’s health-care reform plan, records of any meetings or communications Kagan might have participated in in which legal challenges to the health-care legislation signed by President Obama were discussed, and records of any meetings or communications Kagan might have participated in in which there was discussion of whether Kagan ought to recuse herself from involvement in any particular case in her role as solicitor general due to the prospect that case might later come before her were she confirmed to a seat on a federal court.

FULL ARTICLE

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