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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.

( - 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’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.

KEYWORDS: bobmarshall; elenakagan; healthcare; kagan; marshall; obamacare; recuse; scotus; supremecourt; va; virginia
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To: ConjunctionJunction

No problem, I should have made it clearer.

21 posted on 03/16/2011 2:25:44 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo

The headline caught me for a second when I read Virginia wrong...thought it read something else.... ;)

22 posted on 03/16/2011 2:27:55 PM PDT by Lucky9teen (Jobs? Nope! Economy? Nope! Disarm the U.S? Yep! Impeach the treasonous Marxist Muslim usurper bast)
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To: jazusamo
She has no intention of recusing herself and the lefties will scream if she does.

The link below is the more likely scenario since the media own the liberals and vice versa - Republicans don't seem to be on top of anything these days (referring to the CR vote yesterday)

House Dems demand Thomas recusal on ObamaCare
23 posted on 03/16/2011 2:33:24 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Cheerio
Agree. She is there precisely because Hussein knows she will protect National Socialist Healthcare.

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.

24 posted on 03/16/2011 3:09:56 PM PDT by Jacquerie (Constitutions are to governments as laws are to the people.)
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To: Jacquerie

.....with Vampire-Care, Lobby Nation, now has several thousand pages of Durable Power of Attorney over the individual, with themselves exempt.

25 posted on 03/16/2011 3:16:16 PM PDT by Varsity Flight
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To: justiceseeker93; AdmSmith; AnonymousConservative; Berosus; bigheadfred; ColdOne; ...

Thanks justiceseeker93.

26 posted on 03/16/2011 3:26:47 PM PDT by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: Safrguns

She and the wise Latina will never recuse themselves. They were placed there for a reason.

27 posted on 03/16/2011 4:12:15 PM PDT by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: SunkenCiv; jazusamo; TheOldLady; null and void
Despite the miracle of plastic surgery...

Once a Bell-ringing Hunchback....

ALWAYS a bell-ringing Hunchback...

28 posted on 03/16/2011 5:49:58 PM PDT by bigheadfred (THE ZOMBIE APOCALYPSE HAS BEGUN)
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To: bigheadfred

Quasimodo was a lesbian? Who knew?

29 posted on 03/17/2011 4:21:11 AM PDT by TheOldLady
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To: SkyPilot

Kagan’s got some nice tats on her forearms...

30 posted on 03/17/2011 4:25:58 AM PDT by COBOL2Java (Obama is the least qualified guy in whatever room he walks into.)
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