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Kagan Now Recused From 21 Pending Supreme Court Cases
WSJ.com ^ | 09/10/2010 | Ashby Jones

Posted on 09/10/2010 3:32:10 PM PDT by OldDeckHand

When President Obama nominated Elena Kagan to the Supreme Court in May, we and many others reported out that she’d likely have to recuse herself from a handful of cases for the upcoming term.

The reason: she was the Solicitor General for the U.S. So she’d be conflicted on a number of cases, having already served as an advocate on many of them.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: elenakagan; judiciary; kagan; obstructionjustice; plagiarism; plagiarist; resumefraud; scotus; supremecourt
I still don't believe she's recused herself from any of the Obamacare suits. I'm not sure if US v. Arizona was filed before or after Kagan left the Solicitor's office.
1 posted on 09/10/2010 3:32:16 PM PDT by OldDeckHand
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To: OldDeckHand

21 is a “handful”?


2 posted on 09/10/2010 3:34:31 PM PDT by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both.)
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To: OldDeckHand

That’s quite a contrast to Eric Holder who as Attorney General secured the release of almost two dozen Yemeni terrorist suspects who just so happened to be represented by Holder’s law firm.


3 posted on 09/10/2010 3:36:33 PM PDT by Hoodat (.For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: OldDeckHand

If she recused herself from all cases which she was incapable of understanding, she’d have to stay at home and play solitaire all day.

Another Obamadiot has been assimilated into the septic mass of the liberal dung pile.


4 posted on 09/10/2010 3:36:35 PM PDT by Da Coyote
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To: BenLurkin

She got big dyke hands so, yes, 21 is a handful to her.


5 posted on 09/10/2010 3:37:15 PM PDT by library user
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To: BenLurkin
21 is a “handful”?

Liberals have big hands. If you don't believe me, try filling one when they hold it out.

6 posted on 09/10/2010 3:38:29 PM PDT by tacticalogic
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To: OldDeckHand
What happens if we get 4-4 decisions?

Who is the tiebreaker, Biden or Obama?

7 posted on 09/10/2010 3:39:22 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: Las Vegas Ron

The lower appellate court ruling stands.


8 posted on 09/10/2010 3:40:07 PM PDT by OldDeckHand
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To: OldDeckHand

Thanks, I was being half fececious in the last post.

This could really be bad news though. Is there a list of the cases she would have to recuse herself from?


9 posted on 09/10/2010 3:42:13 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: OldDeckHand

So she’s basically got a ceremonial position on the Supreme Court?
Unless she’s needed to weigh in on the godless liberal side, and then she just unrecuses herself? Is that about the size of it?


10 posted on 09/10/2010 3:42:57 PM PDT by 668 - Neighbor of the Beast
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To: Las Vegas Ron

I’m trying to hunt that down right now.


11 posted on 09/10/2010 3:43:12 PM PDT by OldDeckHand
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To: Las Vegas Ron

Ok, here are the two briefs she filed this spring prior to confirmation pledging recusal. I just have to find the complete list for the remaining ten.

http://legaltimes.typepad.com/files/09-658-premo-1.pdf

http://legaltimes.typepad.com/files/los-angeles-09-350.pdf


12 posted on 09/10/2010 3:45:36 PM PDT by OldDeckHand
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To: Las Vegas Ron

***Thanks, I was being half fececious in the last post.***

I don’t usually play Aunt spelling Bea....but that really should be facetious. Otherwise it looks as if you are half short of a sheet.

(((((((((tee hee))))))))


13 posted on 09/10/2010 3:46:05 PM PDT by sodpoodle (Despair; man's surrender. Laughter; God's redemption.)
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To: sodpoodle
LOL...I had omama on my mind so naturally I was thinking feces ;)
14 posted on 09/10/2010 3:49:46 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: OldDeckHand

Thanks!!


15 posted on 09/10/2010 3:50:40 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: Las Vegas Ron
Here they are...

Henderson v. Shinseki,
Thompson v. North American Stainless,
Gould v. United States, Harrington v. Richter,
Chamber of Commerce v. Whiting,
Virginia Office for Protection and
Advocacy v. Stewart, and
Bruesewitz v. Wyeth
Chamber of Commerce v. Whiting
Premo v. Moore

All bet Chamber of Commerce v. Whiting seem pretty pedestrian. Chamber could be interesting as it has immigration enforcement implications.

16 posted on 09/10/2010 3:50:52 PM PDT by OldDeckHand
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To: OldDeckHand

She needs to be recused from all cases and replaced !


17 posted on 09/10/2010 3:51:00 PM PDT by italybub
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To: OldDeckHand
Thanks again.

Wonder if any of the rest will be eligibility cases?

18 posted on 09/10/2010 3:53:25 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: Las Vegas Ron

The decision of the lower court stands if there is a split decision by the Court. This is a problem.


19 posted on 09/10/2010 3:54:00 PM PDT by Pinetop (Yoo, Executive Power, Constitution, History)
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To: italybub
Obumster should have recused himself from USSC appointments.
20 posted on 09/10/2010 3:54:53 PM PDT by Know et al (Spill chock want ketch awl yore miss takes.)
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To: Pinetop

No doubt, some of the cases in question are listed at #16


21 posted on 09/10/2010 3:56:43 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: BenLurkin
http://iheartguts.com/wp-content/uploads/2010/03/alg_31-fingers.jpg

If you have enough fingers, it could be...


22 posted on 09/10/2010 3:56:57 PM PDT by null and void (We are now in day 594 of our national holiday from reality. - 0bama really isn't one of US.)
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To: 668 - Neighbor of the Beast
"So she’s basically got a ceremonial position on the Supreme Court?"

Partially. She's recused herself from 25 that are already on the docket. The Court typically hears between 80 and 100 each term. There's a possibility that there could be more recusals in the future, but I wouldn't hold my breath. She'll probably hear at least 60 cases, or more.

23 posted on 09/10/2010 3:57:10 PM PDT by OldDeckHand
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To: Pinetop

Check this one out:

http://www.scotusblog.com/case-files/cases/chamber-of-commerce-of-the-united-states-v-candelaria/


24 posted on 09/10/2010 3:58:45 PM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: OldDeckHand
Thompson v. North American Stainless is a Title VII case. That might be interesting.

Does Title VII create a cause of action for third-party retaliation for persons who did not themselves engage in protect activity?

Gee, I wonder how Kagan would have opined there? /s

Virginia Office for Protection and Advocacy v. Stewart also peaks my curiosity because it's a 11A case.

Issue: Whether the Eleventh Amendment categorically precludes an independent state agency from bringing an action in federal court against state officials for prospective injunctive relief to remedy a violation of federal law.

The rest of them are pretty inside baseball, and probably of not much interest to the casual observer.

25 posted on 09/10/2010 4:04:11 PM PDT by OldDeckHand
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To: null and void

Man, that’s gonna be one long game of “this little piggy’!


26 posted on 09/10/2010 4:04:35 PM PDT by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both.)
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To: OldDeckHand

Did not know that. Thanks.


27 posted on 09/10/2010 4:14:03 PM PDT by Michael Barnes (Call me when the bullets start flying.)
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To: tacticalogic

I think we have a winner for Post of the Day!!!! Excellent!!!


28 posted on 09/10/2010 4:16:22 PM PDT by Yaelle
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To: BenLurkin

That reminds me of that GEICO spot with the pig riding in the back seat of the car going, “Wee, wee, wee!” Funniest GEICO spot ever.


29 posted on 09/10/2010 4:22:47 PM PDT by savedbygrace (Rev 22:20 He which testifieth these things saith, Surely I come quickly. Amen. Even so, come, Lord)
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To: BenLurkin

Here it is:

http://www.youtube.com/watch?v=8F_G2zp-opg


30 posted on 09/10/2010 4:24:20 PM PDT by savedbygrace (Rev 22:20 He which testifieth these things saith, Surely I come quickly. Amen. Even so, come, Lord)
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To: savedbygrace

That’s the one!


31 posted on 09/10/2010 4:30:25 PM PDT by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both.)
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To: BenLurkin
Man, that’s gonna be one long game of “this little piggy’!

It always took a little longer around the nully household...

Photobucket

32 posted on 09/10/2010 4:34:12 PM PDT by null and void (We are now in day 594 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Da Coyote; Slip18; narses; neverdem; xsmommy; hobbes1; NeoCaveman

IF - big “IF” there - she actually recuses herself from any cases coming up in the Court. She is a communist liberal. Why should she be believed if she actually did say she would recuse herself during press interviews and her propaganda showoff trial in the Senate hearings.

And the WSJ is actually merely pointing out that she SHOULD recuse herself as biased in these cases. She is actually 100% biased and has prejudged 100% of the cases coming up between now .. and doomsday. Or her death, whichever is sooner.


33 posted on 09/10/2010 4:36:42 PM PDT by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: BenLurkin

I think she calls him Max the first time, but I can’t make out what she calls him the second time.


34 posted on 09/10/2010 4:41:34 PM PDT by savedbygrace (Rev 22:20 He which testifieth these things saith, Surely I come quickly. Amen. Even so, come, Lord)
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To: savedbygrace

Maxwell.


35 posted on 09/10/2010 4:44:41 PM PDT by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both.)
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To: OldDeckHand

She resigned as Solicitor General in May; the suit vs. AZ was filed in July.


36 posted on 09/10/2010 4:49:33 PM PDT by EDINVA
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To: BenLurkin

Ah! Thanks.


37 posted on 09/10/2010 4:50:40 PM PDT by savedbygrace (Rev 22:20 He which testifieth these things saith, Surely I come quickly. Amen. Even so, come, Lord)
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To: Las Vegas Ron

“Who is the tiebreaker, Biden or Obama?”

The janitor, Mort. He is more knowledgable than Kagan.


38 posted on 09/10/2010 4:58:42 PM PDT by chooseascreennamepat (Reid: Why, oh why, are they picking on me?)
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To: AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; blueyon; Convert from ECUSA; dervish; ...

Thanks OldDeckHand.


39 posted on 09/10/2010 6:12:14 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
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To: SunkenCiv

Thank goodness this fraudulent airhead won’t be voting on important cases for a while... Maybe IMPEACHMENT is in order!


40 posted on 09/10/2010 7:43:07 PM PDT by April Lexington (WHY)
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To: OldDeckHand

I believe these 21 to be JUST the ones that made it to the SCOTUS schedule, or dockett if you will.

Wondering how many of her rulings, cases have been, or are going to be challenged in total.

I think her main problem is that her hair grows from within her cranium, NOT her scalp. (That would be Hair-brained to those from Rio Linda.)


41 posted on 09/10/2010 8:49:17 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: OldDeckHand

Thats good, she has some time to learn what a Judge is before she writes her first laws as a Judge.


42 posted on 09/10/2010 9:22:43 PM PDT by PA-RIVER
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To: OldDeckHand; All
Check Out Kagan as Obama's Attorney
43 posted on 09/11/2010 5:51:18 AM PDT by Larousse2 (The price of Freedom is Eternal Vigilance. ~ Thomas Jefferson)
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To: OldDeckHand
Photobucket
44 posted on 09/11/2010 10:07:20 AM PDT by mojitojoe ("The Arabic call to prayer is one of the prettiest sounds on Earth at sunset." punk in chief)
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To: Las Vegas Ron
Photobucket
45 posted on 09/11/2010 10:08:11 AM PDT by mojitojoe ("The Arabic call to prayer is one of the prettiest sounds on Earth at sunset." punk in chief)
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To: mojitojoe

LMAO!! Certainly works for me!!


46 posted on 09/11/2010 10:10:32 AM PDT by Las Vegas Ron (People I know have papers for their mongrels.)
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To: 668 - Neighbor of the Beast

Great- a ceremonial person built like Buddha sitting on the highest court & getting paid to do nothing. Just great.


47 posted on 09/11/2010 10:56:31 AM PDT by ridesthemiles
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To: OldDeckHand; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; ...
Image and video hosting by TinyPic

Article, and # 23,

also,

Kagan - As Solicitor General Did She Bar Information about 0bama's Birth?

Check Out Kagan as 0bama’s Attorney:

http://www.supremecourt.gov/search.aspx?Search=Obama++Kagan&type=Supreme-Court=Dockets

[Thanks, anonymous.]

48 posted on 09/11/2010 11:51:43 AM PDT by LucyT
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To: savedbygrace

I was on vacation this year for the 1st (and probably last) time in almost a decade. There was a pig crossing sign I went past about 10 times. I’d not seen the GEICO ‘piggy’ commercial and have been reminded of that ever since. Now, we have to practically DVR the TV so I can make sure I see it from time to time, just in case I ‘might’ miss it yet again!

Thanks!


49 posted on 09/11/2010 4:54:04 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Las Vegas Ron
"What happens if we get 4-4 decisions?"

Is she takes herself out of the fight, it will most likely be 5/3 not 4/4 as you suggest.

50 posted on 09/20/2010 5:33:52 PM PDT by An Old Man
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