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Chief Justice Roberts Defends Kagan, Thomas Hearing Health Care Case
Pat Dollard ^ | 12/31/11 | New York Times

Posted on 12/31/2011 8:24:14 PM PST by Nachum

In the face of a growing controversy over whether two Supreme Court justices should disqualify themselves from the challenge to the 2010 health care overhaul law, Chief Justice John G. Roberts Jr. on Saturday defended the court’s ethical standards.

The chief justice’s comments came in his annual report on the state of the federal judiciary. In it, he made what amounted to a vigorous defense of Justices Clarence Thomas and Elena Kagan, who are facing calls to disqualify themselves from hearing the health care case, which will be argued over three days in late March. He did not, however, mention the justices by name.

“I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” Chief Justice Roberts wrote. “They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”

Federal law requires that judges disqualify themselves when they have a financial interest in a case, have given advice or expressed an opinion “concerning the merits of the particular case” or when their “impartiality might reasonably be questioned.” For lower court judges, such a decision can be reviewed by a higher court, but the Supreme Court has no such review.

(Excerpt) Read more at patdollard.com ...


TOPICS:
KEYWORDS: chief; justice; kagan; obamacare; roberts; scotus; socialisthealthcare; supremecourt
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I think I am going to be ill
1 posted on 12/31/2011 8:24:22 PM PST by Nachum
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


2 posted on 12/31/2011 8:26:21 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum

I’m beginning to think that the problem with the SCOTUS is Roberts.


3 posted on 12/31/2011 8:27:01 PM PST by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
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To: The Sons of Liberty
I’m beginning to think that the problem with the SCOTUS is Roberts.

That was an irrational comment. The problem is 4 liberal justices on SCOTUS and more to come if Obama is reelected. I

4 posted on 12/31/2011 8:31:16 PM PST by af_vet_1981 (The bus came by and I got on, That's when it all began,)
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To: The Sons of Liberty
I’m beginning to think that the problem with the SCOTUS is Roberts.

That was an irrational comment. The problem is 4 liberal justices on SCOTUS and more to come if Obama is reelected.

5 posted on 12/31/2011 8:31:22 PM PST by af_vet_1981 (The bus came by and I got on, That's when it all began,)
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To: Nachum

Whatever.

If they have to strangle this monstrosity 5-4, so be it.


6 posted on 12/31/2011 8:31:39 PM PST by Senator Goldwater
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To: Nachum

Get ready for the big screw job.

His statements are what is called foreshadowing.


7 posted on 12/31/2011 8:33:51 PM PST by ChildOfThe60s (If you can remember the 60s....you weren't really there)
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To: Nachum

Obama: “What headline did you send the NYTimes to use?”

Aide: “Chief Justice Roberts Defends Kagan, Thomas Hearing Health Care Case”

Obama: “Say, that’s pretty good!”


8 posted on 12/31/2011 8:34:51 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: The Sons of Liberty

First of all, Roberts lies-—Kagan has no integrity and she should NEVER have been confirmed.

And if she doesn’t recuse herself—she will be in violation of Federal Law. (But then, she lied when she took the oath of office—like her puppet master muslim did.


9 posted on 12/31/2011 8:38:17 PM PST by savagesusie (Right Reason According to Nature=Just Law.)
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To: The Sons of Liberty
No kidding. It smells of "My colleagues can do no wrong" and "What did you expect him to say?".

Since the likes of Kagan and Sotomayer are so brilliant, wouldn't you think that the MSM would display their written decisions for all the world to see?

Are they out there? Maybe I just don't know about it. Can someone point me in the right direction?

10 posted on 12/31/2011 8:38:52 PM PST by FlyVet
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To: ChildOfThe60s
His statements are what is called foreshadowing.

Roberts is just being a good leader. He is standing up for the institution of the Supreme Court.

11 posted on 12/31/2011 8:39:44 PM PST by ExtremeUnction
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To: The Sons of Liberty

It has always been a politically-oriented court.

I always cite the slavery issue and how the court did an about face within about 2 decades.

Much of the history of SCOTUS is filled with just such about faces.

If the Constitution didn’t change during a two-decade timespan, then it was the interpretation that changed.

At the march towards liberalism is a “ratchet”; it never gets more conservative, it just holds the line for a while, then gets more liberal.

Now we have a government that far exceeds it’s Constitutional limitations. It remains to be seen if we can actually get a SCOTUS to ratchet government back at all towards the Constitution.

The court getting involved in forcing Federal big-goverment handouts continues to expand, as does the court siding with a perceived “popular” view on “rights”. It’s much more difficult to be the “parent” who has to play “bad cop” and either a) limit how much the government has to splurge, b) tell a large, politically powerful group what they don’t want to hear or c) tell people they have to behave.

If there is a major grassroots revival of conservatism then a SCOTUS may react according to b) if it’s balanced or right-leaning and go along with the idea of reintroducing some limits on government.

IMHO...


12 posted on 12/31/2011 8:45:25 PM PST by PieterCasparzen (We have to fix things ourselves.)
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To: PieterCasparzen

Roberts is a liberal, get used to it.


13 posted on 12/31/2011 8:49:05 PM PST by NKP_Vet
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To: PieterCasparzen
At the march towards liberalism is a “ratchet”; it never gets more conservative, it just holds the line for a while, then gets more liberal.

Geez, you're just as cynical as I am.

It always seems that the Supreme court is "just so", teetering between "liberal" and "conservative".

And Oh, that dirty little word "conservative", those who think the law of the land, i.e. Constitution, means what it says.

Just enough of one, or the other, to appease the ignorant masses, no matter who's in charge.

God, it's frustrating, and sickening.

14 posted on 12/31/2011 8:52:30 PM PST by FlyVet
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To: ExtremeUnction

Amen!


15 posted on 12/31/2011 8:53:04 PM PST by upchuck (Let's have the Revolution NOW before we get dumbed down to the point that we can't.)
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To: The Sons of Liberty

Unfortunately Roberts doesn’t get to hire his associates.


16 posted on 12/31/2011 8:54:24 PM PST by Paladin2
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To: ExtremeUnction

Roberts and the rest of the Justices should be able to convince Kagen to stand down, especially if things are going to go 5-4 anyway.


17 posted on 12/31/2011 8:58:02 PM PST by Paladin2
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To: Nachum

Anybody here actually read the article?

Geeez !

Typical NYT slanted headline


18 posted on 12/31/2011 9:02:57 PM PST by Popman (Obama is God's curse upon the land....)
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To: Nachum

BS Kagen has no business hearing this case!!!


19 posted on 12/31/2011 9:07:45 PM PST by CPT Clay (Pick up your weapon and follow me.)
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To: Nachum

I guess Roberts is, after all, just another politician with a law degree.


20 posted on 12/31/2011 9:13:43 PM PST by InterceptPoint (TIN)
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To: Popman

I was thinking the same thing.

Article doesn’t really say what the headline does.


21 posted on 12/31/2011 9:13:57 PM PST by moonhawk (Romney tucks his tail and licks the hand that beats him. Newt rips it off at the shoulder.)
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To: Nachum

If Thomas’ wife were Bawwwwnnnneeeeeyyy Frank, there would be no issue.


22 posted on 12/31/2011 9:17:08 PM PST by Paladin2
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To: Nachum

Roberts has children, no?


23 posted on 12/31/2011 9:19:43 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Nachum

I think Roberts is gonna turn on conservatism. It’s a pattern. sigh


24 posted on 12/31/2011 9:24:48 PM PST by Havisham
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To: Nachum

KAGAN??? ROBERTS DEFENDS KAGAN?

WHAT A FREAKING (long string of deleted bad words)!!!

I’m sick.


25 posted on 12/31/2011 9:27:34 PM PST by little jeremiah (We will have to go through hell to get out of hell.)
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To: af_vet_1981

Yup, the twin carpet munchers that Zero appointed is just the beginning, if the communist bastard gets re-elected


26 posted on 12/31/2011 9:28:22 PM PST by Quickgun (Second Amendment. The only one you can put your hands on.)
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To: Nachum

Kagan is NOT a Supreme Court justice. She is an leftwing activist placed on the SCOTUS by Barry Soetoro.


27 posted on 12/31/2011 9:29:55 PM PST by FlingWingFlyer (Stop BIG Government Greed!!!!!)
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To: Nachum

“They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”

This from the guy that swore in the Usurper.

And to think I was so happy when Roberts became Chief Justice. Since 2008 all I want to do is hurl.


28 posted on 12/31/2011 9:33:45 PM PST by Smokeyblue
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To: Nachum
Kagan was directly involved in the creation of Obamacare, (and we have the Emails to prove it). Thomas is married to a woman who is involved in Conservative Politics.

Yeah, those are two equal situations...

29 posted on 12/31/2011 9:35:45 PM PST by Kickass Conservative (Liberals, Useful Idiots Voting for Useless Idiots...)
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To: The Sons of Liberty

I have believed for almost 3 years there was something in Roberts not tuned to the belief of the Founders. It began when he gave Obama that private in chambers redo of the oath of office instead of taking a few moments and redoing the oath publicly. Is there anyone who besides Roberts and Obama who can honestly, knowingly and validly say how the redo oath was worded. I recall it was done without use the Bible. Either he was a shill or just plain foolish. Too many judges and politicians drink from the same cup as Obama and his enablers.


30 posted on 12/31/2011 9:50:06 PM PST by noinfringers2
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To: noinfringers2

Read Mark Levin’s Men In Black. The Supine Court has always been a cesspool. It has harbored racists, bigots and social engineers since it’s inception. The biggest mistake that can be made is to attribute nobility and character to those occupying the bench. By their fruits and no excuses.


31 posted on 12/31/2011 10:06:14 PM PST by 1malumprohibitum
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To: Nachum

SCOTUS MAKES ME SICK!! THEY are sooooo afraid of Obama they are pitiful! We The People are so screwed!


32 posted on 12/31/2011 10:47:02 PM PST by teletech (Say NO to RINOS!)
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To: 1malumprohibitum

Three words from the cesspool:

Roe Versus Wade.


33 posted on 12/31/2011 10:48:54 PM PST by huldah1776
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To: Popman

I’m with you. Read the article. I’m just wondering what everyone here thinks he was supposed to say? He’s damned if he does, damned if he doesn’t. If he says Kagan should recuse herself over Obamacare, then he will also have to say Thomas should as well, especially if he wants to maintain impartiality or at least the appearance of it.


34 posted on 12/31/2011 11:37:07 PM PST by rangerwife (Proud wife of a Purple Heart Recipient)
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To: Havisham

I have said from the beginning that they will not overturn Ocare, if the do then they have cost the taxpayer several hundred billion dollars for no reason.

They are implementing the plan as fast as they can, and there will be no undoing it. All in the progressive plan. Politicians have been letting the court take the blame for their progressive agenda for decades, we should be used to it.


35 posted on 12/31/2011 11:50:49 PM PST by itsahoot (Throw them all out! Especially the Frugal Socialists who call themselves Republicans.)
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To: itsahoot

Better to toss a few hundred billion than squander multiple trillions


36 posted on 01/01/2012 12:07:28 AM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: teletech

They are not afraid of Obama, they just happen to agree with his agenda, as all good progressives do.


37 posted on 01/01/2012 12:45:12 AM PST by itsahoot (Throw them all out! Especially the Frugal Socialists who call themselves Republicans.)
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To: Havisham; NKP_Vet

Well it’s too early to say that Roberts will turn liberal, or ‘evolve’ as the champions of judicial activism like to say about Republican’s long list of mistaken Sup Court picks. So far he has voted the right way on pretty much everything, including high profile Second Amendment and partial-birth abortion cases.

This sounds more like a case of the top judge defending his club. That may be rather innocent and without much consequence, or it may indicate that while conservative in his jurisprudence, he nonetheless sees the judiciary as somehow superior to the other branches, as if they are on an elevated plain. So we can probably be sure that if for example the idea and practice of judicial supremacy is ever challenged under his watch, he will defend it vigorously. And on that, I would guess the same would be true of the other 3 good judges. Part of the reason why judges like Scalia, Roberts, Thomas, and Alito are superior to the 4 leftwing usurpers and the unpredictable (in a bad way) Kennedy is that they can restrain themselves. They don’t seek to rule the country and impose their beliefs from the bench. But this restraint is voluntary...I have no doubt that all four of the good judges firmly believe that the Sup Court does properly have the final word on all things Constitutional, and that their decisions MUST be obeyed.

Gingrich is dreadful, but I do applaud him for saying he would ignore particularly awful Sup Court decisions. That is the only way that the Constitutionally unsound and unfounded practice of judicial supremacy will ever be successfully challenged. Therefore it will probably never be successfully challenged.


38 posted on 01/01/2012 12:47:48 AM PST by Aetius
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To: HiTech RedNeck

The point is they could have taken this case at anytime but they have put it off until it probably couldn’t be undone if they wanted to, but they don’t want to.


39 posted on 01/01/2012 12:48:30 AM PST by itsahoot (Throw them all out! Especially the Frugal Socialists who call themselves Republicans.)
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To: PieterCasparzen

“If there is a major grassroots revival of conservatism then a SCOTUS may react according to b) if it’s balanced or right-leaning and go along with the idea of reintroducing some limits on government.

IMHO...”

Last seen in the 1920s.


40 posted on 01/01/2012 12:59:25 AM PST by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: itsahoot

What’s so prickly. They nullify Obamacare, it’s left to Obama to explain what to do. Not the USSC’s yob, mon.


41 posted on 01/01/2012 1:10:03 AM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: The Sons of Liberty

Roberts was one of the only things that Baby Bush got right.


42 posted on 01/01/2012 2:08:00 AM PST by Freedom_Is_Not_Free (Repealing Obamacare is the ONLY GOAL.)
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To: FlyVet

MSM is AWOL


43 posted on 01/01/2012 2:21:00 AM PST by Rapscallion (Do not even call him "president"...."Mister" will be more accurate.)
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To: FlyVet

MSM is AWOL


44 posted on 01/01/2012 2:21:08 AM PST by Rapscallion (Do not even call him "president"...."Mister" will be more accurate.)
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To: Nachum

"This business will get out of control. It will get out of control and we'll be lucky to live through it."
--- Admiral Josh Painter - (Fred Dalton Thompson) Hunt for Red October - 1990

45 posted on 01/01/2012 2:24:30 AM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: Kickass Conservative
Thomas is married to a woman who is involved in Conservative Politics. Yeah, those are two equal situations...

The liberals just made a noise about Thomas to introduce moral-equivalence games that would preserve Kagan's deicision to sit on a case when she should recuse herself.

Just more liberal camouflage for their usual stink.

46 posted on 01/01/2012 2:24:30 AM PST by lentulusgracchus
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To: lentulusgracchus

Good morning LG!


47 posted on 01/01/2012 2:28:28 AM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: itsahoot
I have said from the beginning that they will not overturn Ocare, if the do then they have cost the taxpayer several hundred billion dollars for no reason.

Former NYT chief editor Howell Raines said in an October, 2008 article in Conde Nast's Portfolio that the RiNOcracy and the Left had struck a bargain already on healthcare: the Democrats would be allowed their takeover, so that Fortune 500 companies could ditch their (expensive) health-care plans (the ones for the peons, anyway).

This would result in great joy among the blue-haired ladies that both Bushes regarded as the proper objects of their most tender and dogged solicitude, junking entire fleets of aircraft carriers to get them their tax cuts from the "peace dividend"...... and now they'd get a "healthcare dividend" by throwing their employees on their own resources.

According to Raines, it was a done deal, awaiting only the election to pass.

He was right. Boehner won't touch Obamacare. He's already changed the subject once, from Obamacare repeal -- what the People sent all those Tea Party congressmen up the Hill to do -- to budget games and fiscal strategerizing and footsie with Harry Reid and Obozo.

The GOP sold the People out, bigtime, for 30 pieces of silver.

48 posted on 01/01/2012 2:34:47 AM PST by lentulusgracchus
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To: Nachum

Of course Justice Roberts is going to come out with such pap. The Supreme Court is a club and a mutual admiration society. They will join together to defend themselves against the peasants


49 posted on 01/01/2012 2:35:56 AM PST by dennisw (A nation of sheep breeds a government of Democrat wolves!)
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To: Liberty Valance
Howdih! I'm just out the door to go find some (maybe) blackeyed peas, and get a little heartburn. Waiting out the drunken mob, and for all the policemen to go home and go to bed.

Happy New Year! Counting the days until Obozo's unemployed.

50 posted on 01/01/2012 2:37:14 AM PST by lentulusgracchus
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