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Court announcement raises recusal questions for Kagan, Thomas
Wshington Times ^ | Nov. 14, 2011 | Stephen Dinan

Posted on 11/14/2011 1:11:15 PM PST by libstripper

The Supreme Court’s announcement Monday that it will hear challenges to President Obama’s health care law have put the spotlight on Justice Elena Kagan, who worked in the administration while the law was being written and, conservatives argue, helped craft its legal defense.

“Before the Supreme Court case is heard we need to know if Justice Elena Kagan helped the Obama Administration prepare its defense for Obamacare when she was solicitor general. The Justice Department must answer serious questions about whether Justice Kagan has an inherent conflict of interest which would demand that she recuse herself from the Obamacare case,” said Rep. John Flemming, Louisiana Republican.

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


TOPICS: Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: obamacare; recusal; scotus
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The best article to date on the recusal issues involving Justices Thomas and Kagan. In short, it looks lilke neither will recuse himself or herself.
1 posted on 11/14/2011 1:11:18 PM PST by libstripper
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To: libstripper

One should not have to recuse one’s self because of the actions of his or her spouse.


2 posted on 11/14/2011 1:13:33 PM PST by ez ("Abashed the Devil stood and felt how awful goodness is." - Milton, "Paradise Lost")
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To: libstripper

“Elena Kagan helped the Obama Administration prepare its defense for Obamacare when she was solicitor general”

And was appointed by him to the court!

How can anyone think she is going to rule impartially?


3 posted on 11/14/2011 1:14:26 PM PST by VanDeKoik (1 million in stimulus dollars paid for this tagline!)
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To: ez

The left is just muddying the waters by going after Thomas.

There is clearly a case for Kagan’s recusal, and they know it. They went after Thomas to make it look like the case against Kagan was just as partisan as their attack on Thomas.


4 posted on 11/14/2011 1:14:44 PM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: VanDeKoik

She won’t recuse herself, and no one will do a thing about it, and the left will demand Thomas’ recusal to muddy the waters.


5 posted on 11/14/2011 1:15:34 PM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: libstripper

:Lets see they want Thomas to recuse himself,because his wife didn’t like the Bill they want Kagen to recuse because SHE was for it.

Kagen should recuse, but won’t who knows what Thomas will do, but they may as well both stay as we know which way both will vote and they will neutralise each other.


6 posted on 11/14/2011 1:16:36 PM PST by Venturer
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To: libstripper
the justice department is not to be believed on any issue, including this. kagan’s excited email regarding passage of zerocare is hardly an indication of impartiality.
7 posted on 11/14/2011 1:18:56 PM PST by paul51 (11 September 2001 - Never forget)
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To: libstripper

Nobody can force a Supreme Court justice to recuse themself. However, failure to do so may be an impeachable offense.


8 posted on 11/14/2011 1:21:29 PM PST by yefragetuwrabrumuy
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To: MrB

Bingo!


9 posted on 11/14/2011 1:22:30 PM PST by Tallguy (You can safely ignore anything that precedes the word "But"...)
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To: MrB

Exactly. I don’t know why they’re worried. Leftist judges are not particularly well known for doing the right thing.


10 posted on 11/14/2011 1:23:28 PM PST by ez ("Abashed the Devil stood and felt how awful goodness is." - Milton, "Paradise Lost")
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To: ez

Most... shall we say, “pragmatists”,
instead of having a moral yardstick by which to live their lives,
have a balance scale.
“Do the ends justify the means on this scale” is what they live their lives by.

To a Marxist/Communist/Utopian, the ends they have been promised are so desirable, nigh on perfection, that ANY means necessary to achieve those ends are justified.


11 posted on 11/14/2011 1:26:22 PM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Venturer; All
Kagen should recuse, but won’t who knows what Thomas will do, but they may as well both stay as we know which way both will vote and they will neutralise each other.

Yes, in terms of simple numbers; possibly "no" in terms of the case's outcome. Kagan's failute to recuse herself will be really crass and may antagonize the four originalist Justices plus Justice Kennedy. Given the Illegal's vile attack on Kennedy for Kennedy's decision in Citizens United, there's at least a possibility that a Kagan failure to recuse would just enough to tip Kennedy to the side of the angels. We can only hope.

12 posted on 11/14/2011 1:27:00 PM PST by libstripper
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To: libstripper

Kagan is a no brainer for recuse. Thomas is a huge stretch. The left can pound if they think we are not going to make a stink about someone who worked in the Regime on this BS law being allowed to play “impartial” jurist.


13 posted on 11/14/2011 1:27:34 PM PST by Lazlo in PA (Now living in a newly minted Red State.)
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To: yefragetuwrabrumuy
However, failure to do so may be an impeachable offense.

As would perjury ....

Forty-nine Republican members of Congress have asked the House Judiciary Committee to “promptly investigate” Supreme Court Justice Elena Kagan’s role in preparing a legal defense for President Obama’s health care law when she served as solicitor general.

In a letter to committee Chairman Lamar Smith, Texas Republican, and the panel’s ranking Democrat, John Conyers Jr. of Michigan, the lawmakers said that “contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee,” recently released Justice Department documents show that Justice Kagan “actively participated with her Obama administration colleagues in formulating a defense” for the law.

14 posted on 11/14/2011 1:33:23 PM PST by Servant of the Cross (the Truth will set you free)
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To: MrB

Fools chasing after rainbows, no doubt...


15 posted on 11/14/2011 1:34:29 PM PST by ez ("Abashed the Devil stood and felt how awful goodness is." - Milton, "Paradise Lost")
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To: MrB

They can demand all they want.
There is nothing either side can do about it if the justices do or don’t recuse themselves..........


16 posted on 11/14/2011 1:38:46 PM PST by Red Badger (Obama's number one economics advisor must be a Magic Eight Ball.................)
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To: Venturer
The Hegelian dialectic. Thesis, Antithesis, Synthesis. You have been snookered. Kagan should recuse herself, Thomas should not. You cannot call for recusal because of the views of the spouse. No quarter should be given. Kagans conflict is her own doing.

Thomas's is just bait thrown out to take one of "ours" out. The left knows Kagan has a clear conflict, the solution is to take one of ours out too.

This is like a hockey game where Kagan is penalized for punching another player. Justice Thomas, who wife was for the other team calls out from the stands "Clarence" high stick her back. He declines, but he wanted to, so both sit in the penalty box.

17 posted on 11/14/2011 1:39:28 PM PST by runninglips (Republicans = 99 lb weaklings of politics. ProgressiveRepublicansInConservativeCostume)
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To: Servant of the Cross
Can Supreme Court justices be impeached?

Even though a Supreme Court justice is appointed to serve a lifetime term, he or she can still be impeached if they do not hold the office during "good behavior," as Article III, Section 1of the Constitution says.

... the U.S. House of Representatives voted to impeach federal Judge G. Thomas Porteous Jr. of Louisiana. Though Porteous is not a member of the Supreme Court, his situation is a good example of what could happen to a justice were he or she to be served an impeachment.

The House approved articles of impeachment contained in a resolution, charging that Porteous ... made false statements during his confirmation hearing process.

18 posted on 11/14/2011 1:40:10 PM PST by Servant of the Cross (the Truth will set you free)
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To: libstripper

Imagine the left demanding a female judge to recuse herself because of her husband’s views LOL!

Dishonest people miss so much of the humor in life...


19 posted on 11/14/2011 1:41:36 PM PST by mrsmith
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To: libstripper; OldDeckHand; tired_old_conservative; Lurking Libertarian; JDW11235; Clairity; ...
SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

20 posted on 11/14/2011 1:54:24 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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