Posted on 07/02/2010 3:55:59 AM PDT by bjorn14
Though there has been plenty of partisan bickering during this week's confirmation hearing for Supreme Court nominee Elena Kagan, there is at least one issue raising concerns on both sides of the aisle. There are questions about how many cases Kagan would have to sit out if she's confirmed, and just how willing she would be to do that.
As Solicitor General, the government's top lawyer before the high court, Kagan has been involved with a number of cases that will show up during the Supreme Court's fall term. On Tuesday she testified, "I think that there are probably about 10 cases that are on the docket next year ... in which I've been counsel of record on a petition ... or some other kind of pleading."
Kagan added that there could be even more cases from which she may need to recuse herself.
That could put the court in a tough spot, at a time the Justices are taking criticism about their increasingly light caseload. Kagan could find herself unable to vote more than 15 percent of the time, leaving an even number of Justices to make the call. If there is a tie the lower court decision remains unchanged, meaning the high court may not truly resolve the cases at all.
(Excerpt) Read more at liveshots.blogs.foxnews.com ...
LLS
It would give her plenty of time to play golf with the One.
What happens if she refuses to recuse herself?
Headline: “Kagan would need to recuse herself on 15% of cases.”
Article: “unable to vote more than 15 percent of the time”
The second quote means recused in 85% of cases. The article doesn’t make sense.
How do you figure that?
But she won’t!
She is a dim... probably receive the nobel prize or something... mslsd will call her “forward thinking”.
LLS
I’d like both to retire today.
LLS
The difference is in saying,
“She will be unable to vote more than 15% of the time,”
and,
“More than 15% of the times, she will find herself unable vote.”
The author said the former and meant the latter. If she is unable to vote more that 15%, then she is able to vote less than 15%. At least, that is a validly logical interpretation.
I disagree.
If she is unable to vote more than 15% of the time, then she is able to vote less than 15% of the time
The correct way to be literal about it is this:
If she is unable to vote more than 15% of the time, then she is able to vote less than 85% of the time.
Are they serious? By what standard would she "have to sit out" once she gets on the court? Surely not one of ethics. Ethics are for the other guy. Kagan cannot be concerned with legal ethics since that is not her purpose in joining the court. Her purpose is to dictate from the bench. By her own admission she is claiming to be independent. Translated, this means she does not consider herself to be restricted by the rule of law and the Constitution, but rather one who possesses the independence to reshape society as she sees fit, by any means necessary.
Kagan would have to recuse herself? That is laughable. It would require integrity.
she is not providing, requested information , to how involved she was with Obamacare bill.
Actually, the meaning attached to the construction “unable to vote more than 15%” depends on the primary verb. If the primary verb is “unable”, then this means she would need to recuse 15+ percent of the time.
If, however, the primary verb is “vote”, then recusal comes in at 85%.
Typically, “unable” is a modifier. That means that, under standard interpretation, she would be able to vote no more than 15% of the time.
The author mangled the sentence, giving it wildly divergent dual meanings.
Exactly what I was going to write except that I think she’d recuse herself once, just to make it look good, or not quite as bad.
Like that's gonna happen.
Only 15%? She’s only off by 70 basis points.
http://www.christiannewswire.com/news/8606913872.html
Talk about a gag order.
Apparetnly the article’s author attended state run public school.
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