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 Kagan’s role in planning the administration’s defense, and said unless he provides the information it could undermine confidence in the court’s 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 ...
Nobody pays any attention to McC except the Kentuckians, who think he is “in charge” up there.
My pleasure.
Not only was she in on it- but it strongly appears that she was covering her tracks and coaching her colleagues in the DOJ about what to say/not say about her involvement with the defense. Really, really shady.
No, if it is 4-4 the decision being appealed stands. The nlower courts are split, so a 4-4 vote would mean that the Act is constitutional in some Circuits and not others.
If it is a 4-4 tie, the lower court’s decision stands.
Yep, looks like you’re right. So without Kagan there is no chance of the law being upheld and hence no chance of Kagan recusing herself
More proof that we are living in a FREAK show.
What is this "financial gain" that Justice Thomas is supposed to be getting from his wife's "activities" -- according to Dems?
Can anyone 'splain that to me?
she also committed a crime against the Supreme Court during the partial birth abortion case by altering statements made by physicians to mean the exact opposite of what they stated.
She should have been disbarred long ago.
That she was nominated and even approved is a disgrace.
wouldn’t this more likely make the vote 5-3?
(And then there's that little perjury thing during her confirmation hearings)
I can’t think of a thing or shed any light on how there could be any financial gain, it’s a typical leftist attack on the both of them.
Absolutely right, but then leftists don’t believe the law pertains to them.
The case at hand is the Florida case (11th Circuit) and not the Virginia case (4th Circuit). Correct me if I am wrong, but the 11th Circuit Court of Appeals in Atlanta struck it down. so that decision will stand without a fifth vote in favor of overturning the appellate decision. I don’t believe the Supreme Court has agreed to hear the Virginia case yet. Are you saying that a 4-4 decision will mean that it remains unconstitutional in the 11th Circuit only? Or will it apply in all 26 states that brought the suit?
I agree with you on Kennedy and Kagan will never ever recuse herself, as someone else has already stated, it's the reason she is an S.C. Justice to begin with.
What makes you think Scalia and Kennedy will vote against the whole package? Scalia gave full-throated endorsement to the expansive New Deal Commerce Clause in Raich. He and Kennedy are 100% on board with fedgov control of health care.
One of many consequences of having a president whose actions are dictated by a very immature and erroneous world view. Anyone who believes that all the social ills of the country are the consequence of selfish rich people and racist Caucasian men is pathetically and dangerously ill informed. Obama appears to fall into that camp.
Oh, yeah? Force me! Nanny, nanny, nanny! We got such perfect Constitutional system (as you all say)! HA! Force me, you fools!
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