Judicial Watch has sued the Department of Justice to seek files relating to Supreme Court Justice Elena Kagan’s involvement in discussions about the legal challenges to the national health care law when she was President Obama’s solictor general.

With the Supreme Court set to hear oral arguments in the health care challenges late next month, the issue of whether Kagan should recuse herself given her prior role in the Obama administration has generated controversy. Judicial Watch filed a Freedom of Information Act request for “All calendars, schedules, phone logs and agenda” of Kagan and her deputy solicitors general between September 1, 2009 through August 31, 2010.