Judicial Watch and the Media Research Center have obtained potentially explosive e-mails that could prove Supreme Court Justice Elena Kagan provided misleading answers during her Senate confirmation hearings when she said she had no involvement as U.S. Solicitor General in any strategizing over how to defend the health care reform law known as Obamacare. Whether or not she had any such involvement is crucial in determining whether she must recuse herself from cases dealing with the constitutionality of Obamacare.

Moreover, if the evidence does establish Kagan's involvement as Solicitor General, Justice Kagan may have violated federal law governing recusals. That is because she evidently decided to participate in the decision of the Supreme Court in April 2011 not to "fast-track" for Supreme Court review Virginia's lawsuit challenging Obamacare.

Federal statute 28 U.S.C. 455 states that a judge must step aside "in any proceeding in which his impartiality might reasonably be questioned" or in which he (or she) "participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy."