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Elena Kagan Needs to Recuse Herself from Health-Care Case, Says Author of Virginia Law
CNSNews ^ | March 16, 2011 | Terence P. Jeffrey

Posted on 03/16/2011 1:32:14 PM PDT by jazusamo

Video of 30 minute interview at link.

(CNSNews.com) - Virginia Del. Bob Marshall, the state legislator who sponsored the law that forbids any government from forcing individuals in Virginia to buy health insurance, says that Supreme Court Justice Elena Kagan should recuse herself from judging Virginia’s suit challenging the constitutionality of Obamacare because she was President Obama’s solicitor general when the suit was filed and when the Obama administration first took steps to oppose it.

“She should recuse herself before she makes a decision on this case,” Marshall told CNSNews.com’s Online With Terry Jeffrey.

Marshall, a Republican who represents Prince William County, said he believed the very fact that Kagan was solicitor general in the Obama Justice Department at the time that department was taking a position in opposition to Virginia’s suit disqualifies her from judging the case as a Supreme Court justice. In Marshall’s view, it does not matter whether Kagan ever discussed the case with her subordinates in the Justice Department.

“It was the policy … of the Obama Administration, of which she was the solicitor general, to defend their policy, that our claim was not constitutional,” said Marshall. “She should recuse herself at that point whether or not she discussed it with the lower-down attorneys.”

Marshall said that by serving as solicitor general in the Justice Department while it was opposing Virginia’s suit, Kagan “was implicated in an opposition to our statute.”

Asked if he anticipated that Kagan would recuse herself, Marshall said, “I hope she comes under severe criticism if she doesn’t.”

In early 2010, Virginia’s state government enacted the Virginia Health Care Freedom Act, which Marshall sponsored by in the Virginia House of Delegates. The law, which was signed by Virginia Gov. Bob McDonnell before President Obama signed the federal health care law, says an individual in Virginia cannot be forced to buy health insurance—and thus directly contradicts the federal individual mandate later enacted in Obamacare.

Virginia’s lawsuit against Obamacare is in part designed to protect the Virginia Health Care Freedom Act against Obamacare, predicated on the belief that the 10th Amendment to the U.S. Constitution limits the federal government to those powers actually delegated to it by the Constitution and leaves to the states and the people those powers that are not.


TOPICS:
KEYWORDS: bobmarshall; elenakagan; healthcare; kagan; marshall; obamacare; recuse; scotus; supremecourt; va; virginia
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1 posted on 03/16/2011 1:32:20 PM PDT by jazusamo
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To: jazusamo

Meanwhile Anthony Wiener and some of his fellow boot scrapins are working on a plan to disbar Clarence Thomas.


2 posted on 03/16/2011 1:37:09 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: cripplecreek

Yes, I believe this is why they’ve been working so hard to force Clarence Thomas to recuse himself or get him disbarred.


3 posted on 03/16/2011 1:39:02 PM PDT by ConjunctionJunction
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To: jazusamo

She should recuse herself permanently, because Obama wasn’t eligible to nominate her in the first place.


4 posted on 03/16/2011 1:39:55 PM PDT by Safrguns
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To: jazusamo

Kagan is the reason liberals are going after Justices Clarence Thomas and Scalia.

Liberals know that Kagan will refuse to recuse herself.

They will claim that is Justified because of all the “bad things” Thomas and Scalia did. They will insist that Kagan doesn’t have to recuse unless Thomas and Scalia recuse.

The media will smear Thomas and Scalia relentlessly - maybe Alito too.

Liberals are so predictable.


5 posted on 03/16/2011 1:41:13 PM PDT by eCSMaster (2012 - End of an error)
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To: cripplecreek

What a pathetic joke Weiner is, not surprised he’d stoop to this.


6 posted on 03/16/2011 1:42:05 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

I wonder if Wienerboy is aware that disbarring Thomas wouldn’t be enough to remove Thomas.


7 posted on 03/16/2011 1:43:37 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: eCSMaster

Typical behavior from Rats, when they know they’re wrong they deflect and attack with lies.


8 posted on 03/16/2011 1:45:19 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: cripplecreek
I wonder if Wienerboy is aware that disbarring Thomas wouldn’t be enough to remove Thomas.

Yes, wouldn't Thomas have to be impeached by Congress?

In any case it doesn't matter. Even if Kagan recuses herself and Kennedy votes for the law, a 4-4 tie lets the law stand, as far as I know.

9 posted on 03/16/2011 1:46:34 PM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: cripplecreek

That’s a good point, wouldn’t be surprised if he doesn’t.


10 posted on 03/16/2011 1:47:29 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: raybbr

If the VA or FL case goes before SCOTUS as is the tie vote would let either judges ruling stand that it’s unconstitutional.


11 posted on 03/16/2011 1:50:11 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo; Clintonfatigued; SunkenCiv; fieldmarshaldj; theothercheek; GreatOne; AJFavish; ...
Problem with this Virginia state legislator's idea is that hard leftist judges like Kagan don't give hoot about niceties like recusing oneself when there is a conflict of interest. Not when it gets in the way of a "dream" like nationalized health care.

Kagan wouldn't acknowledge a conflict of interest if one hit her in her face.

12 posted on 03/16/2011 1:59:52 PM PDT by justiceseeker93
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To: jazusamo

Depends on what the appellate courts decide, doesn’t it?


13 posted on 03/16/2011 2:07:09 PM PDT by ConjunctionJunction
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To: jazusamo
Did someone mention the Bull Dyke's name?


14 posted on 03/16/2011 2:18:23 PM PDT by SkyPilot
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To: jazusamo

Fat chance.


15 posted on 03/16/2011 2:18:44 PM PDT by kevinm13 (Tim Geithner is a tax cheat. Manmade "Global Warming" is a HOAX!)
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To: ConjunctionJunction
Yes it does, I said as is and if the Circuit Court of Appeals overturns Circuit Judge's ruling the same holds true, a tie vote would uphold the appellate ruling.
16 posted on 03/16/2011 2:18:44 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

Sheesh, yeah, like thats gonna happen. Not. She is above the law now from her point of view and is certainly acting like it. Personally I think she ought to be thrown out with the wise latina and Obama.


17 posted on 03/16/2011 2:20:22 PM PDT by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: SkyPilot

heh heh heh

She’d make a better motor mama than a justice.


18 posted on 03/16/2011 2:21:29 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: Danae

it is like politicians who ask about “starie decis” to USSC nominees. it is irrelevant because the USSC is not bound by any precident. They set their own precident.


19 posted on 03/16/2011 2:22:57 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: jazusamo

OK, I think I misunderstood your original post. Sorry about that.


20 posted on 03/16/2011 2:23:03 PM PDT by ConjunctionJunction
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