Skip to comments.Elena Kagan Needs to Recuse Herself from Health-Care Case, Says Author of Virginia Law
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 Virginias suit challenging the constitutionality of Obamacare because she was President Obamas 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.coms 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 Virginias suit disqualifies her from judging the case as a Supreme Court justice. In Marshalls 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 Virginias 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 doesnt.
In early 2010, Virginias 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 insuranceand thus directly contradicts the federal individual mandate later enacted in Obamacare.
Virginias 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.
No problem, I should have made it clearer.
The headline caught me for a second when I read Virginia wrong...thought it read something else.... ;)
Her hearings before the Judiciary Committee were farcical. Remember when she was asked if government could force individuals to eat three veggies per day? She wouldn't answer, and for good reason.
.....with Vampire-Care, Lobby Nation, now has several thousand pages of Durable Power of Attorney over the individual, with themselves exempt.
She and the wise Latina will never recuse themselves. They were placed there for a reason.
Once a Bell-ringing Hunchback....
ALWAYS a bell-ringing Hunchback...
Quasimodo was a lesbian? Who knew?
Kagan’s got some nice tats on her forearms...
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