Skip to comments.Leading senators: Kagan may have to recuse herself from health case
Posted on 11/18/2011 4:30:01 PM PST by jazusamo
Top Republican senators said late Friday the Justice Department has been stonewalling their request for more information on Supreme CourtJustice Elena Kagan, and said her previous work as solicitor general may satisfy both requirements for recusal from the upcoming health-care case.
The senators, led by Minority Leader Mitch McConnell, are demanding Attorney General Eric H. Holder Jr. comply with requests for more documents about Justice Kagans role in planning the administrations defense, and said unless he provides the information it could undermine confidence in the courts eventual ruling on the case.
President Obama chose to nominate a member of his administration to the Supreme Court knowing it was likely that, if confirmed, she would be in a position to rule on his signature domestic policy achievement, said the four senators, who also included Senate Minority Whip Jon Kyl of Arizona; Sen. Chuck Grassley of Iowa, the ranking Republican on the Judiciary Committee; and Sen. Mike Lee of Utah.
The Supreme Court announced early this week that it would hear a challenge to the health-care law, which Mr. Obama signed last year. Questions have floated for months over whether Justice Kagan could rule impartially in the case. She was solicitor general at the time the law passed, and acknowledged during her confirmation hearing that she attended at least one meeting where litigation was discussed.
(Excerpt) Read more at washingtontimes.com ...
She should absolutely not be sitting on this case. She’s 100% conflicted.
Your right. but..
“She should absolutely not be sitting on this case. Shes 100% conflicted.”
She ain’t conflicted at all...that’s the problem.
May? She should not be sitting on the court when this is heard.
She’s not conflicted at all. One needs a conscience for that. She is a democrat. They have seared their conscience long ago.
Yeah, we’ll wait for that to happen.
Recusal is the prerogative of the individual justices. She will never step away from this one. They know the furor will be temporary and the media will give her a pass.
Agreed and I’ll go one step further, she’s an activist judge that shouldn’t be on the SCOTUS bench.
Obama knew the conflict when he nominated her. If he says he did so expecting her to recuse herself then she should recuse herself. If Obama says he did not expect her to recuse herself for such an obvious conflict of interest then Obama should be impeached.
I agree, she’ll never recuse herself.
The decision to recuse is up to the judge himself/herself and I would be highly surprised if she did that on this case. After all, the reason Obama put her on the court was to rubber stamp his policies.
You’re dead on the money. This is but one thing Obama should be impeached for though.
She can be impeached and put up for trial in the senate and then removed from office. A conflict of interest would be an impeachable offense. Would boner and. Cantor do it, hell no.
It won’t matter. The remaining 3 liberals will vote to uphold, the 4 conservatives will vote to strike down, Kennedy will be the swing vote. If it is 4-4 the law stands.
Thanks for linking. This shows she was darn well in it.