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Justice Elana Kagan violates the law!
Self ^ | 3/29/2012 | Self

Posted on 03/29/2012 7:11:42 PM PDT by Bigun

According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.”

As solicitor general of the United States, Justice Elena Kagan served as the head of an office responsible for formulating the Obama administration’s legal defense of its domestic agenda priority — Obamacare.


TOPICS: Government; History; Politics; Society
KEYWORDS: justice; kagan; kaganobamacare; kaganrecuse; law; violates
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So why is no one raising sand about THIS particular violation of the law?
1 posted on 03/29/2012 7:11:46 PM PDT by Bigun
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To: Bigun
Umm, I think violating the “law” is a daily occurrence in Washington. They don't think anything of it.
2 posted on 03/29/2012 7:14:34 PM PDT by Former Proud Canadian (Obamanomics-We don't need your stinking tar sands oil, we'll just grow algae.)
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To: Bigun

“Yes we can” is why.


3 posted on 03/29/2012 7:14:52 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Bigun
Umm, I think violating the “law” is a daily occurrence in Washington. They don't think anything of it.
4 posted on 03/29/2012 7:15:40 PM PDT by Former Proud Canadian (Obamanomics-We don't need your stinking tar sands oil, we'll just grow algae.)
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To: Bigun

Kagan is a liberal. They get to play by different rules because the republicans in congress say so with their silence.


5 posted on 03/29/2012 7:17:29 PM PDT by Baynative (Please check this out - http://www.youtube.com/watch?v=fFIcZkEzc8I)
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To: Bigun

It’s been obvious from day one, she won’t recuse herself, and who can force her to do what’s right?? Just one more evil.


6 posted on 03/29/2012 7:17:39 PM PDT by smalltownslick
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To: Bigun

You actually think the Republican leadership has enough testosterone to do something about violations of the law...? It wouldn’t look bi-partisan....


7 posted on 03/29/2012 7:19:30 PM PDT by freebilly
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To: smalltownslick
It’s been obvious from day one, she won’t recuse herself, and who can force her to do what’s right??

No one can force her but she can sure as heck be impeached!

8 posted on 03/29/2012 7:20:35 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Bigun

Short of impeachment there is ‘no controlling authority’.


9 posted on 03/29/2012 7:20:56 PM PDT by Clint N. Suhks
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To: freebilly

Personally I don’t give a damn what it looks like!

I’m going to be on the phone to MY congressman’s office tomorrow morning about it and I’m not hanging up until I get an answer!


10 posted on 03/29/2012 7:28:26 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Bigun

It's not just a Steven Seagal movie.

11 posted on 03/29/2012 7:28:38 PM PDT by Snickering Hound
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To: Bigun

“So why is no one raising sand about THIS particular violation of the law?”

I AGREE!!! Justice Elana Kagan should have ‘recused’ herself from this case!!

Since she was Solicitor General for the Obama Administration during the drafting of ObamaCare this is...... Definitely a Conflict of Interest!!

http://cnsnews.com/news/article/kagan-tribe-day-obamacare-passed-i-hear-they-have-votes-larry-simply-amazing

Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the..... “Justice Department”,...... had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released

“I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails.

The March 2010 email exchange between Kagan and Tribe raises new questions about whether Kagan must recuse herself from judging cases involving the health-care law that Obama signed—and which became the target of legal challenges—while Kagan was serving as Obama’s solicitor general and was responsible for defending his administration’s positions in court disputes.

According to 28 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has..... “expressed an opinion concerning the merits of the particular case in controversy” ......while he “served in governmental employment.”


12 posted on 03/29/2012 7:29:19 PM PDT by ebysan (ebysan)
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To: Bigun
The Solicitor General Judging the Solicitor General.

How Convenient!!!


Indonesian Go Home!

13 posted on 03/29/2012 7:29:22 PM PDT by rawcatslyentist (3 little children murdered by islam, Toulouse March 2012 . Time for the Final Crusade!!!!!)
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To: Clint N. Suhks

if she has to be an active member of a state bar somewhere have a resident of that state file a grievance with her state bar


14 posted on 03/29/2012 7:29:58 PM PDT by Abundy
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To: Bigun

Are you sure??? I hope you are. Who would impeach her??


15 posted on 03/29/2012 7:31:59 PM PDT by smalltownslick
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To: Baynative

Last Saturday at the Road to Repeal rally Kagan’s refusal to recuse was mentioned often. And it was the topic of the sign I held that day.

But of course as a liberal she is allowed to be a hypocrite.


16 posted on 03/29/2012 7:31:59 PM PDT by Josa
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To: ebysan

WE should be raising unshirted HELL with our congressional representatives over this and not stop doing so until they do something about it!


17 posted on 03/29/2012 7:32:30 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Clint N. Suhks
Short of impeachment there is ‘no controlling authority’.

Exactly!

So we will expect the Republican members of the House of Representatives to issue Articles of Impeachment sometime before the Supreme's verdict is rendered in June.

Or has some widespread gelding of Congress occurred while we weren't looking?

18 posted on 03/29/2012 7:32:58 PM PDT by henbane
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To: henbane
So we will expect the Republican members of the House of Representatives to issue Articles of Impeachment sometime before the Supreme's verdict is rendered in June.

It won't happen unless WE demand it!

19 posted on 03/29/2012 7:37:27 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Bigun

Liberals/demoRats could care less about the law when it advances their goals. It was brought up before, but Kagan must recuse herself. Kagan is a liberal, thus Kagan will not recuse herself, since it advances the liberal goals.


20 posted on 03/29/2012 7:37:41 PM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: Bigun

Just tossing this out there... What if she waits until the conference vote on Friday, and as the most junior (?) Justice she votes last, she says, “Because of my involvement in the administration’s construction of the law, I am recusing myself.”

I almost think she may do this, especially if she sees that the vote is going clearly either for or against Obamacare, and that her vote isn’t needed. If all the other justices’ votes show a clear decision for or against the bill, she can recuse herself, saving her loss of legitimacy for another day and showing that she isn’t what we all think she is.

If, however, the vote is tied, I fully expect she will vote to save the bill, and ethics be damned; thus, our opinion about her will be proven.


21 posted on 03/29/2012 7:44:00 PM PDT by onemiddleamerican (FUBO and all your terrorist buddies)
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To: henbane

that made me snort so hard I believe I’ll have a nosebleed. Congressional Geldings...... new name for Republicans; how apt.


22 posted on 03/29/2012 7:48:23 PM PDT by Segovia
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To: onemiddleamerican
What if she waits until the conference vote on Friday, and as the most junior (?) Justice she votes last, she says, “Because of my involvement in the administration’s construction of the law, I am recusing myself.

”To late!

She has already actively participated in oral arguments and needs to have articles of impeachment drawn up against her RIGHT FREEKING NOW!

23 posted on 03/29/2012 7:56:59 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Bigun

What legal recourse is there against a SC justice? Anyone know?


24 posted on 03/29/2012 8:00:12 PM PDT by bigbob
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To: Bigun

Because politicians - Democrat and Republicans - care more about their jobs than about our country.


25 posted on 03/29/2012 8:02:11 PM PDT by ladyjane
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To: bigbob
What legal recourse is there against a SC justice? Anyone know?

Yes! Impeachment for high crimes and misdemeanors!

26 posted on 03/29/2012 8:02:58 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: bigbob

Congressman Alcee Hastings form South Florida was once a federal judge but was impeached for taking bribes. I can and should be done in this case as well!


27 posted on 03/29/2012 8:05:21 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: ladyjane
Because politicians - Democrat and Republicans - care more about their jobs than about our country.

Then we very definitely need some new politicians!

28 posted on 03/29/2012 8:09:02 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Bigun

Agree - wonder if anyone has the cojones to actually start the process....


29 posted on 03/29/2012 8:19:26 PM PDT by bigbob
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To: Bigun

30 posted on 03/29/2012 8:23:26 PM PDT by thouworm (.)
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To: bigbob
Agree - wonder if anyone has the cojones to actually start the process....

I doubt it unless WE stand up on our hind legs like MEN and DEMAND that it happen!

31 posted on 03/29/2012 8:30:08 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: thouworm

Exactly!


32 posted on 03/29/2012 8:31:23 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: smalltownslick

“who can force her to do what’s right?”

Congress.


33 posted on 03/29/2012 8:36:08 PM PDT by Tublecane
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To: bigbob

“What legal recourse is there against a SC justice? Anyone know?”

It’s called “impeachment.”


34 posted on 03/29/2012 8:39:28 PM PDT by Tublecane
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To: smalltownslick

If Republicans get a significant majority in Congress she should be impeached. But were that to occur, would the leadership have the stones to do it? Heck no.


35 posted on 03/29/2012 8:40:25 PM PDT by FreedomPoster (Islam delenda est)
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To: thouworm

MISTRIAL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


36 posted on 03/29/2012 8:40:25 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: freebilly

Where is John Roberts on this? He should read the law to the stupid liberal.


37 posted on 03/29/2012 8:49:26 PM PDT by dandiegirl
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To: Bigun

Bump.....


38 posted on 03/29/2012 8:58:46 PM PDT by Intolerant in NJ
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To: Clint N. Suhks
Sad to say, this comes down to another race issue.

Appointed by the first black President. Who is going to vote impeachment? Nobody.

39 posted on 03/29/2012 9:04:08 PM PDT by AGreatPer (Obama has NEVER given a speech where he did not lie!!!)
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To: smalltownslick

Roberts could force her to recuse.


40 posted on 03/29/2012 9:19:22 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: freebilly

No-balls Boner sure won’t.


41 posted on 03/29/2012 9:19:47 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Bigun

Nice find. Details are important. Applicable statutory citations have power. Good work.


42 posted on 03/29/2012 9:22:23 PM PDT by Talisker (He who commands, must obey.)
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To: Talisker

bflr


43 posted on 03/30/2012 2:29:52 AM PDT by ebshumidors ( Marksmanship and YOUR heritage http://www.appleseedinfo.org)
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To: Bigun

She violates the law of aesthetics too.

Woof.


44 posted on 03/30/2012 3:46:31 AM PDT by humblegunner
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To: All

this case is the very definition of conflict of interest for her. She has a vested interest in seeing this case come out one way or another.

Why everyone in the media is not on top of this is just more proof on the pile of evidence of their uselessness.

I’ve been saying this for a year, this election will be as much a referendum on the media as it will be on the horrible job the guy they’ve been protecting and promoting for the past four years.
If there was any integrity in the J schools, they would use the past 12 years as a lesson on what not to do, but I think they’re too far gone.


45 posted on 03/30/2012 4:01:03 AM PDT by newnhdad (Where will you be during the Election Riots of 2012/2013?)
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To: ebysan

I spoke at length with my congressman’s Chief of Staff this morning about this. He is quite clear as to it’s importance to me. It is my hope that others will do the same all over this land.


46 posted on 03/30/2012 6:24:49 AM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Josa

Her participation in this decision is the fault of congressional republicans. They are all letting us down.


47 posted on 03/30/2012 7:17:33 AM PDT by Baynative (Please check this out - http://www.youtube.com/watch?v=fFIcZkEzc8I)
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To: thouworm

The “Che” tattoo is a nice touch ...


48 posted on 03/30/2012 7:32:52 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Bigun

“I spoke at length with my congressman’s Chief of Staff this morning about this. He is quite clear as to it’s importance to me. It is my hope that others will do the same all over this land.”

Thanks!!

I wrote to my Congressman; but, I have not spoken to him.


49 posted on 03/30/2012 8:25:32 AM PDT by ebysan (ebysan)
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To: Bigun

Not a laywer, but not sure if this law applies to Supreme Court Justices... this may be to federal judges. Clearly Kagan has no business hearing this case, but not sure if this law applies.


50 posted on 03/30/2012 8:28:02 AM PDT by HamiltonJay
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