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Elena Kagan Must Be Recused In ObamaCare Case
IBD Editorials ^ | November 15, 2011 | Editor

Posted on 11/15/2011 5:00:18 PM PST by Kaslin

Supreme Court: Should a justice who participated in ObamaCare's creation recuse herself from the court's review of that law? Of course. But then a nominee who lies in confirmation hearings shouldn't be on the court anyway.

If Justice Elena Kagan were a person of character, she would sit out the Supreme Court's hearing of the challenge to the Patient Protection and Affordable Care Act.

But during her confirmation hearings in June of last year, she indicated she would not. And since this Monday, when the court announced it would take the case, she has done nothing to suggest she will recuse herself after all. Nor has the court made any statement about her recusal, a convention it usually follows when a justice takes himself or herself off a case.

Here are the facts on Kagan: She was the administration's solicitor general when ObamaCare became law last year. She has acknowledged that she was at a meeting in which state litigation against ObamaCare was discussed, though she said she was not involved in any legal responses concerning the states' litigation.

We also know that Kagan enthusiastically supported ObamaCare. This is made clear in emails released last week by the Justice Department.

"I hear they have the votes, Larry!! Simply amazing," Kagan wrote on the day ObamaCare passed the House in an email to Laurence Tribe, the Harvard law professor who was working at that time in the Obama Justice Department.

(Excerpt) Read more at news.investors.com ...


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: elenakagan; kagan; obamacare; scotus

1 posted on 11/15/2011 5:00:19 PM PST by Kaslin
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To: Kaslin

We said that having Obamacare pass meant war.

We said that a fake LFBC would mean war.

We said that Obama’s lies would mean war.

Obamacare will, by some twist of fate, be considered constitutional. And life will go on... for a short while, anyway.


2 posted on 11/15/2011 5:05:25 PM PST by rarestia (It's time to water the Tree of Liberty.)
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To: rarestia

Almost makes me glad I’m in the 4th quarter of my life. Still it hurts to see the country you loved and fought for being turned into a totalitarian communist state buy its own citizens.


3 posted on 11/15/2011 5:14:06 PM PST by Breto (never accept the premise)
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To: Kaslin

According to Constitutional expert Mark Levin, the only person who can recuse Elaine Kagen is Elain Kagen. She will state as precedent the fact that nobody recused themselves from Bush v. Gore, 531 U.S. 98.


4 posted on 11/15/2011 5:16:35 PM PST by presidio9 (Islam is as Islam does.)
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To: Kaslin

If Kagan is not recused then there should never be a Supreme Court recusal again because the concept is meaningless.


5 posted on 11/15/2011 5:17:04 PM PST by jimfree (I)
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To: Kaslin
No person of honor in her position could fail to recuse. It's a no-brainer - you can't hear a case where you were counsel below. End of analysis.

Lamh Foistenach Abu!
6 posted on 11/15/2011 5:17:19 PM PST by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Michael the Archangel defend us in Battle!)
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To: ConorMacNessa

“person of honor” is the catch.


7 posted on 11/15/2011 5:18:41 PM PST by hal ogen (First Amendment or Reeducation Camp?)
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To: ConorMacNessa

Hello! She’s a democrat!!!


8 posted on 11/15/2011 5:19:21 PM PST by ontap
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To: Breto
I'm glad my parents didn't live long enough to see this sorry state of affairs - but I'm sorry that my children will have to live through the consequences of the Obama Regime.

Lamh Foistenach Abu!
9 posted on 11/15/2011 5:20:44 PM PST by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Michael the Archangel defend us in Battle!)
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To: ConorMacNessa

“I’m glad my parents didn’t live long enough to see this sorry state of affairs”

Me, too. This would kill them.


10 posted on 11/15/2011 5:22:04 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Kaslin

No one will be recused,would have been done when the scotus took the case.


11 posted on 11/15/2011 5:23:06 PM PST by mdittmar (i)
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To: ConorMacNessa

“but I’m sorry that my children will have to live through the consequences of the Obama Regime.” That my friend is the greatest sadness. It falls to the children to save the country their parents generation destroyed.


12 posted on 11/15/2011 5:26:47 PM PST by Breto (never accept the premise)
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To: jimfree

Kagan was hired for one reason - Obamacare. It certainly wasn’t for her looks.

If gay marriage ever comes before the SC, then Kagan may have some additional use to liberals (as well as a, er, personal interest in the subject). Other than that she’s just a rubber stamp along with Sotomayor.


13 posted on 11/15/2011 5:37:25 PM PST by relictele (Unions: organized crime with better PR)
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To: Kaslin
When the rules no longer apply to these people, then there is nothing to do but take it to the next level, as did the FFs.

Fortunately, every step they took from the Olive Branch resolution, onward to the (First) Declaration, and on and on to the Treaty of Paris. That is exactly what we are dealing with here.

14 posted on 11/15/2011 5:52:40 PM PST by caddie (Herman is very much like Ronald Reagan, except Herman never co-starred with primates.)
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To: caddie

every step they took is documented, is what I meant... and they did so for a reason. They foresaw what we are undergoing now.


15 posted on 11/15/2011 5:55:44 PM PST by caddie (Herman is very much like Ronald Reagan, except Herman never co-starred with primates.)
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To: Kaslin

Instead of asking for her to recuse herself, we should be asking the House to initiate impeachment proceedings against her for perjury in her confirmation hearings.


16 posted on 11/15/2011 6:00:06 PM PST by Verginius Rufus
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To: Kaslin; stonehouse01; Goreknowshowtocheat; Absolutely Nobama; Elendur; it_ürür; Bockscar; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.


17 posted on 11/15/2011 6:03:04 PM PST by narses (what you bind upon earth, shall be bound also in heaven; and what you loose upon earth, shall be ..)
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To: Kaslin; stonehouse01; Goreknowshowtocheat; Absolutely Nobama; Elendur; it_ürür; Bockscar; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.


18 posted on 11/15/2011 6:03:08 PM PST by narses (what you bind upon earth, shall be bound also in heaven; and what you loose upon earth, shall be ..)
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To: Kaslin

Kagan: "...and then they demanded: 'Elena Kagan Must Be Recused In ObamaCare Case!'"


19 posted on 11/15/2011 6:07:43 PM PST by COBOL2Java (Obama is the least qualified guy in whatever room he walks into.)
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To: Kaslin

She won’t.

Guess you should have filibustered her nomination in the Senate. :)

Now pay your taxes - the judges need raises.

/sarc(?????)


20 posted on 11/15/2011 6:27:16 PM PST by Tzimisce (Never forget that the American Revolution began when the British tried to disarm the colonists.)
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To: Kaslin

This corruption will continue until the people begin to recuse politicians, judges, etc. As long as we let this continue, we deserve what we get. They shouldn’t have the option of doing what is right. They should be removed if they don’t.


21 posted on 11/15/2011 6:32:21 PM PST by paul51 (11 September 2001 - Never forget)
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To: Kaslin

I prefer using the term “re-cursed”.


22 posted on 11/15/2011 6:42:42 PM PST by Crazy ole coot (Mr. obama (the squatter in the White House) is Not a Natural Born Citizen!!)
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To: Breto
Almost makes me glad I’m in the 4th quarter of my life. Still it hurts to see the country you loved and fought for being turned into a totalitarian communist state buy its own citizens.

You're not alone.

23 posted on 11/15/2011 6:52:42 PM PST by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: Kaslin

Given who she is and who appointed her, there is little reason to believe that Kagan will recuse herself.


24 posted on 11/15/2011 6:59:19 PM PST by windsorknot
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To: Kaslin
Question -— Does Chief Justice Roberts have the power/authority to recuse Kagan?
25 posted on 11/15/2011 7:04:44 PM PST by TRY ONE (Obummer: The economy sucks......might as well go play golf)
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To: ConorMacNessa
I'm glad my parents didn't live long enough to see this sorry state of affairs - but I'm sorry that my children will have to live through the consequences of the Obama Regime.

I just don't get it.

If you have children and/or grandchildren, why would you vote for Obama on November 6, 2012? Ask your lib friends, "So you love your children? Love your grandchildren?" When they say,"Well of course we do, Why would you ask such a ridiculous question." Then respond with, "Then why do you want them to live in a socialist/totalitarian state?"

If they're still thinking of voting for Obama, plead with them to start doing some real research. It's out there, do the research! Be their mentor!

26 posted on 11/15/2011 7:07:01 PM PST by Art in Idaho (Conservatism is the only hope for Western Civilization.)
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To: TRY ONE
Question -— Does Chief Justice Roberts have the power/authority to recuse Kagan?

No. The law states "The judge must recuse themselves if..."

Then leaves the judge himself as the sole judge of whether he should recuse himself.

The law obviously traces to a day when honor was assumed to be a common trait among our public servants.

No chance Kagan recuses herself.

27 posted on 11/15/2011 7:16:37 PM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: Kaslin

It takes sound temperament, judgment and ethics to recuse yourself from a case. This thing Obama put up there and the Senate approved of has none of it. Kill the Constitution at all costs is her motto.


28 posted on 11/15/2011 7:22:48 PM PST by eyedigress ((Old storm chaser from the west)?)
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To: okie01

Thanks! That’s what I thought.


29 posted on 11/16/2011 6:18:43 AM PST by TRY ONE (Obummer: The economy sucks......might as well go play golf)
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