After Hatch embarrassed himself, health reform's opponents shifted tactics — filing a Freedom of Information Act request seeking evidence that Kagan did indeed work as an attorney defending the ACA. Unfortunately for them, this also proved to be a dry well. Even National Review writer Carrie Severino, a former law clerk to Justice Thomas, was forced to conclude that the documents contain no evidence requiring Justice Kagan's recusal.
Round three was particularly clever. House Judiciary Chairman Lamar Smith (R-TX) sent a letter to DOJ demanding that they turn over a pile of documents that included obviously privileged internal communications about how the Justice Department's lawyers planned to defend health reform. When DOJ did not leap to comply with this ridiculous request, the law's opponents' feigned outrage.
Now we've reached round four, with Sen. Jeff Sessions (R-AL) playing the role of supreme inquisitor:
[quote]Administration emails recently obtained by the conservative CNSNews.com through a Freedom of Information Act request show [b]Kagan telling a former colleague “I hear they have the votes, Larry!! Simply amazing,â€