Al Sharpton did a good job this Wednesday of going after Fox for their ridiculous attacks on Supreme Court Justice Elena Kagan, claiming that she should recuse herself from the upcoming hearings on the constitutionality of the individual mandate in the Affordable Care Act. This Thursday on Fox's America Live, even Megyn Kelly was throwing cold water on Sen. Jeff Sessions latest assertions as to why she should not be allowed to hear the case.
SESSIONS: Megyn, the key thing in those emails was the clear evidence that she directed her chief deputy, her personal deputy to take charge of the legal defense of the health care bill after it passed while she was Solicitor General. And therefore she made decisions in the legal defense of this bill.
And you're a lawyer, but you know, in a law firm, if a superior lawyer directs a subordinate to take a position in a case and begin work on it, they can't then appoint a judge to sit on that case. So I think...
KELLY: So let me ask you about that Senator, because, what should she have done? She was the Solicitor General. She couldn't have taken it knowing that she was possibly going to be on the short list for the Supreme Court. She had to give it to somebody else.
SESSIONS: Absolutely, but then you can't sit on the case. That's the question. I'm not saying she did anything wrong in commencing the legal preparation to defend the health care bill. That was perfectly alright for her. But once she's done that, she's involved herself in the litigation and is not normally, any private lawyer would not be able to sit on the case. Don't you think?
KELLY: Uh, we'll be talking about that on O'Reilly tonight, but I think you've got an uphill battle with that one Senator.
