Justice Kagan - Fingers and Toes Are Crossed Today! (sent entitled Email day of Obamacare vote)

director blue ^ | Novembe 29, 2011 | Doug Ross

[opentalk]

In early 2010, then-solicitor general of the United States, Elena Kagan wrote an email to Laurence Tribe cheering for the passage of Obamacare.

...Kagan sent [an email] to Harvard Law Prof. Larry Tribe, who was then working at the Justice Department. This email was sent on March 21, 2010, the day the health-care bill would pass the House. "In an email entitled, 'fingers and toes crossed today!', ... Ms. Kagan happily says to Professor Tribe, 'I hear they have the votes, Larry!! Simply amazing."

The Judicial Crisis Network describes the case for Kagan's recusal in no uncertain terms.

...For the reasons set forth below, we find it impossible for Justice Kagan to deny that she was directly involved in the defense of PPACA, and that she should therefore recuse herself from any consideration of PPACA’s legality before the Supreme Court.

• Kagan took early and aggressive action to involve her office in Obamacare...

• Kagan made key staffing decisions starting in January of 2010...

• Kagan was part of the deliberative process in the Obamacare defense strategy...

...mandatory recusals for the Justices are governed by federal law. Section 455(b)(3) of Title 28 addresses the specific case at hand: the recusal obligations of former government employees. It requires recusal where the judge “has 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 in controversy.” 28 U.S.C. §455(b)(3)...

...Subsection (a) of Title 28 directs that “[a]ny justice, judge or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a)...

...Justice Kagan is well acquainted with the recusal process. In her first term on the Supreme Court she recused herself from 29 of the 82 cases decided on the merits – over a third of the Court’s oral argument docket – because of her previous work as Solicitor General. She has recused herself from even considering at least 69 cert-stage cases so far this term.

U.S. Dept. of Health and Human Services v. State of Florida, et al. promises to be the most important Supreme Court decision in a century, with broad implications for the role of the federal government and the very nature of our constitutionally limited government. In order to secure the integrity of our Courts and of that decision in particular, Justice Kagan should recuse herself from ruling on the case.

[bigoil]

She looks like ‘Goo’ from Gumby and Pokey.

[jessduntno]

“What was there about the term hint/appearance of conflict of interest that I failed to communicate properly?”

1. Kagan had direct involvement.
2. CT had NO direct involvement.

Failing to see there not being any possible way these two cases as similar might have something to do with it.

[xkaydet65]

Okay let's try another route. Justice Thomas's wife worked zealously in AHF's efforts to stop passage of Obamacare.Justice Kagan cheered the passage of Obamacare and may have participated in planning to defend it against legal challenge. She did not take part in the writing or passage of this monstrosity.

When that Wisconsin judge stopped implementation of the governor's labor reforms many pointed to her husband's or son's, I don't recall which, ties to the Wisconsin labor movement, and were angered that she didn't recuse herself. Those demands were absolutely correct, even though the judge had no direct interest in the case before her..

if there is evidence that Justice Kagan was not honest before the Senate about her involvement in preparing Obamacare's legal defense, then I believe she should be impeached, but absent compelling evidence I see recusal of neither or both as the proper course. Certainly this makes me a commie pinko who should be zotted and banned immediately.

[Georgia Girl 2]

Gee I wonder how she will vote?

[jessduntno]

“Certainly this makes me a commie pinko who should be zotted and banned immediately.”

Don’t know if you are a commie or a pinko, but you are certainly out of your mind if you think that way. I appreciate the heads up...I’ll stand off.

[jessduntno]

Oh....from the article;

• Kagan took early and aggressive action to involve her office in Obamacare...

• Kagan made key staffing decisions starting in January of 2010...

• Kagan was part of the deliberative process in the Obamacare defense strategy...

[opentalk]

More Kagan Emails (Judicial Watch) DOJ with held from senate confirmation hearings.

--An October 13, 2009, exchange between Kagan and former Deputy Solicitor General Neal Katyal. Katyal informs Kagan, “We just got Snowe on health care,” referring to Senator Olympia Snowe (R-ME). (The bulk of the email exchange reflects a discussion about Kagan, and also provides instructions regarding a hiring decision within the agency, although the nature of the position is unclear. When Katyal asks if Kagan wants to handle the hire via email or in person meeting, Kagan responds, “In person. I’ll call a meeting when I return.”

--A March 16, 2010, email from Kagan to David Barron, then-acting head of the Justice Department’s Office of Legal Counsel, asked if he had seen an article by Michael McConnell published in the Wall Street Journal that discussed a strategy by Democrats to “‘deem’ ObamaCare into Law without voting.” “Did you seee [sic] Michael McConnell’s piece in the wsj?” Kagan writes in an email with the subject line “Health care q.” “YES, HE IS GETTING THIS GOING,” replied Barron.