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Elena Kagan emails show she was 'excited' about Obamacare passage
American Thinker ^ | 11/15/2011 | Rick Moran

Posted on 11/15/2011 7:11:45 AM PST by SeekAndFind

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The case for Supreme Court Associate Justice Elena Kagan recusing herself from voting on the upcoming decision regarding Obamacare would seem to be an open and shut one. Emails show that she harbored definite opinions about the law while serving as Obama's solicitor general.

The Examiner:

At her confirmation hearing in 2010, now-Supreme Court Justice Elena Kagan that she "was not" asked at any time to give her opinion on the merits of the Obamacare legislaton. Newly released emails suggest that whether or not she was asked, Kagan was not shy about her enthusiasm for the bill that eventually became law.

Kagan, while serving as President Obama's Solicitor General, exchanged emails with her then-colleagues in the Justice Department indicating her support for the Obamacare legislation when it was under consideration in Congress.

"I hear they have the votes, Larry!! Simply amazing," Kagan wrote, in an email obtained by Judicial Watch, on the day Obamacare passed through Congress. Larry Tribe, a Harvard Law professor and Supreme Court attorney who served as "senior counselor for access to justice" in the Department of Justice (DOJ), replied to Kagan that the bill's passage was "remarkable."

[...]


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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: bhohealthcare; elenakagan; healthcare; judiciary; kagan; lawsuit; marxistbull; obamacare; toad

1 posted on 11/15/2011 7:11:49 AM PST by SeekAndFind
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To: SeekAndFind

She won’t recuse herself,
she’ll vote to keep 0bamacare,
and there’s nothing anyone will do about it.

More, the left will, in their usual fashion of accusing the right of what the left is doing, demand Thomas’ recusal because of some supposed fringe conflict of interest that his wife has.


2 posted on 11/15/2011 7:14:52 AM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: SeekAndFind

Does anyone think she’ll recuse herself from the upcoming case? Doubt it.... Meanwhile the same people that see nothing wrong in this are the ones saying Clarence Thomas should recuse himself from the case because his wife is affiliated with a tea party group....


3 posted on 11/15/2011 7:15:55 AM PST by Old Teufel Hunden
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To: SeekAndFind

if this Byotch does not recuse herself....The Conservative Justices need NEVER Recuse themselves again(think Justice Clarence Thomas and any sexual issues.)


4 posted on 11/15/2011 7:16:31 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: SeekAndFind
Liberals never do the correct & honorable thing.

It always just win baby, ends justify the means.

5 posted on 11/15/2011 7:16:45 AM PST by skeeter
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To: SeekAndFind

If there ever was an argument that an average mind could obtain a law degree, this woman is a prime example.

She is only a couple of degrees above “simpleton” and the fact that the Obama-butt placed her into such a high legal position fully illustrates both his intellectual lack and also the degree to which our highest court has fallen.


6 posted on 11/15/2011 7:27:45 AM PST by Da Coyote (Liberalism - when you absolutely, positively have no ability to produce wealth.)
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To: SeekAndFind

If she expressed her views, she must recuse!!! :)


7 posted on 11/15/2011 7:30:20 AM PST by Sudetenland (There can be no freedom without God--What man gives, man can take away.)
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To: SeekAndFind

She’s a tool.


8 posted on 11/15/2011 7:32:06 AM PST by b4its2late (Only two things are infinite, the universe and human stupidity, and I’m not sure about the former.)
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To: SeekAndFind

I have no confidence in our legal system. Since every important decision is 5 to 4 I can only surmise that there is no shared set of principles among the justices.

Present any conceivable proposition to a competent lawyer and he can construct an iron clad legal case on either side of the question.


9 posted on 11/15/2011 7:32:25 AM PST by DManA
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To: MrB

She’s expressed her views she must recuse.


10 posted on 11/15/2011 7:33:14 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: Sudetenland
If she expressed her views, she must recuse!!! :)

LOL!

11 posted on 11/15/2011 7:34:20 AM PST by Jane Long (Soli Deo Gloria!)
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To: DarthVader

Don’t hold your breath waiting for her to announce that she is recusing..


12 posted on 11/15/2011 7:36:25 AM PST by sport
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To: sport

She has no choice in the matter. The Chief Justice will compell her.


13 posted on 11/15/2011 7:37:54 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: DarthVader

Maybe that’s what we need - a catchy slogan.

Seems to work with the slugs that would support 0bamacare.


14 posted on 11/15/2011 7:43:21 AM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: SeekAndFind

if it is upheld 5-4 there is gonna be trouble


15 posted on 11/15/2011 7:45:21 AM PST by Buckeye McFrog
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To: DarthVader

RE: She has no choice in the matter. The Chief Justice will compell her.

Does the law allow John Roberts to do that?


16 posted on 11/15/2011 7:45:59 AM PST by SeekAndFind (u)
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To: SeekAndFind

Kagan will be just as excited to vote to keep this terrible law in effect just as her master, Obama, wants.


17 posted on 11/15/2011 7:47:32 AM PST by RicocheT (Eat the rich only if you're certain it's your last meal)
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To: DarthVader

We shall see. I hope that you are correct. But seeing how things are going, I am not expecting her to.


18 posted on 11/15/2011 7:47:59 AM PST by sport
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To: DarthVader

Can you add anymore to that? I am interested in this..


19 posted on 11/15/2011 7:52:56 AM PST by Michael Barnes (Obamaa+ Downgrade)
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To: DManA
Justice Kennedy is the King of the USA. His word is law.
20 posted on 11/15/2011 7:54:30 AM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: DarthVader

Sounds more like she needs the Power of Christ to compel her... just sayin’.


21 posted on 11/15/2011 7:55:45 AM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Sgt_Schultze

The coin Kennedy flips is the king.


22 posted on 11/15/2011 7:56:24 AM PST by DManA
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To: SeekAndFind
This Wikipedia article summarizes things very well. The law requires recusal and Elena KegFace will have to recuse herself as Justice Sotomayor did in a case which involved Green-House gases where she did work on. The precedent is there. Her colleagues will compel her if she doesn't.:

http://en.wikipedia.org/wiki/Recusal

23 posted on 11/15/2011 8:08:49 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: DarthVader
Her colleagues will SHOULD compel her if she doesn't.:
24 posted on 11/15/2011 8:12:42 AM PST by SeekAndFind (u)
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To: DarthVader

What about the left asking Clarence Thomas to recuse himself from a potential challenge to the new health care law because of his wife’s lobbying work for the Tea Party?

Anthony Weiner ( good riddance ) has been demanding this for the longest time and I’m sure there will be others as well.

See here for instance:

http://www.observer.com/2011/politics/weiner-asks-clarence-thomas-recuse-himself-possible-healthcare-hearing


25 posted on 11/15/2011 8:15:31 AM PST by SeekAndFind (u)
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To: DarthVader

I have a question that I should know the answer to, but don’t.

If she recuses herself or is forced to do so and it is a tie 4-4 who makes the final call?


26 posted on 11/15/2011 8:16:58 AM PST by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: SeekAndFind

His wife’s work is not HIS work like the Kegface’s was.


27 posted on 11/15/2011 8:23:45 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: SeekAndFind

The left can go pound sand as they are going outside the law.


28 posted on 11/15/2011 8:25:05 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: SeekAndFind

they better have more than this email for kagan to recuse herself.


29 posted on 11/15/2011 8:48:43 AM PST by stylin19a (obama - "FREDO" smart)
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To: stylin19a

Why isn’t this e-mail evidence enough?


30 posted on 11/15/2011 8:55:32 AM PST by SeekAndFind (u)
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To: SeekAndFind

Elections have consequences.
...and its the republicans fault for not battling her nomination.

There seems to be a general view that it shouldn’t matter who goes on the SCOTUS, because it is a benny for the president who won the presidential election. Somehow, someway, we have gotten to the point that Repub’s feel disinclined to fight nominees. This lack of will is a disservice to those that elected them. Frankly, they should be thrown out next election.

SCOTUS definitively shapes the culture of our lives. They determine what is allowable and acceptable. Reversing a decision of unelectable, politcally appointed people, is nearly impossible. Any element of our society, whether political or societal, that can shape culture is the business of those we elect.


31 posted on 11/15/2011 8:56:03 AM PST by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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32 posted on 11/15/2011 8:57:59 AM PST by RedMDer (Forward With Confidence!)
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To: skeeter
"Liberals never do the correct & honorable thing. It always just win baby, ends justify the means. "

And the GOP is the stupid party for letting them do it.

33 posted on 11/15/2011 9:10:13 AM PST by I am Richard Brandon
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To: I am Richard Brandon

Yes they are. I’m so frustrated with them I’ll sign over my entire retirement account to the first republican who’ll face these b*stards, fight them on their terms & not back down.


34 posted on 11/15/2011 9:27:00 AM PST by skeeter
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To: panaxanax

The circuit court decision would be upheld.


35 posted on 11/15/2011 9:39:00 AM PST by SeaHawkFan
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To: SeekAndFind
No smoking gun. I'm going along with the opinion at the end of this article:

There's got to be a record of that meeting somewhere as well as a list of people who attended. But the White House is refusing to turn over Kagan-related documents. Without the smoking gun memo, it will be nearly impossible to put pressure on the justice to stand aside.


36 posted on 11/15/2011 10:23:04 AM PST by stylin19a (obama - "FREDO" smart)
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To: Da Coyote
If there ever was an argument that an average mind could obtain a law degree, this woman is a prime example.

Yes I agree but she's Oliver Wendell Holmes compared to Sonia Sotomayer. Now there's a person who would be mentally challenged as a Traffic Court Judge. And yet Sotomayer is sitting on the SCOTUS. Elections have consequences and I doubt than any of the Obama Troglodyte Voters knew what they might get on the Supreme Court. Nobody could ever make a better example of the decline of the United States Intellectually than the fact Sonia Sotomayer is on the Court or Obama in the White House.
37 posted on 11/15/2011 12:32:35 PM PST by truthguy (Good intentions are not enough.)
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To: Tulsa Ramjet
Elections have consequences. ...and its the republicans fault for not battling her nomination.

The first part of what you say is true. But the Republicans didn't have the votes to stop confirmation. Simple as that. It was a lost cause. Dems were in total contol of Senate.
38 posted on 11/15/2011 12:35:25 PM PST by truthguy (Good intentions are not enough.)
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To: truthguy

The five Republicans who voted yes were: Sens. Susan Collins (Maine), Lindsey Graham (S.C.), Judd Gregg (N.H.), Richard Lugar (Ind.) and Olympia Snowe (Maine). All five backed Supreme Court Justice Sonia Sotomayor’s nomination last year. The votes of some centrist lawmakers, including Sens. Scott Brown (R-Mass.)

You are right. They didn’t have the votes. But these senators should not be re-elected and a line in the sand drawn. A vote on a bill can be overturned. SCOTUS selections are decades lasting.


39 posted on 11/16/2011 5:01:28 PM PST by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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