A request from House Judiciary Committee Chairman Lamar Smith (R-Texas) Thursday for documents about Supreme Court Justice Elena Kagan’s time as solicitor general left Attorney General Eric Holder admitting that documents detailing when her involvement with the administration's healthcare reforms ceased might not exist.
“We’ll attempt to do that, I’m not sure that information exists any place, but to the extent that it does I’ll provide it to you.”
Kagan’s role in shaping the administration’s defense for President Obama’s healthcare reform law while a member of the administration has been criticized since she was nominated for the Supreme Court last spring. The Supreme Court is set to take up a challenge to the law's individual mandate sometime early next year.
Holder said that he had no recollection of a meeting involving Kagan and the healthcare legislation.
“My memory is that whenever we had conversations about the healthcare bill, then Solicitor General Kagan was not present.”