Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the Obama Department of Justice (DOJ) to obtain documents detailing Supreme Court Justice Elena Kagan’s participation in discussions related to the Patient Protection and Affordable Care Act of March 23, 2010, also known as Obamacare, while she served as U.S. Solicitor General to determine if she will have a conflict of interest if the constitutionality of the “individual mandate” in President Obama’s health care reform ends up before the U.S. Supreme Court.

Because of similar litigation filed by the Media Research Center, this case was consolidated with Media Research Center v. U.S. Department of Justice (No. 10-2013) on April 22, 2011.