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Leading senators: Kagan may have to recuse herself from health case
The Washington Times ^
| November 18, 2011
| Stephen Dinan
Posted on 11/18/2011 4:30:01 PM PST by jazusamo
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To: jazusamo
Nobody pays any attention to McC except the Kentuckians, who think he is “in charge” up there.
To: jazusamo
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.
22
posted on
11/18/2011 5:10:35 PM PST
by
Qbert
("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
To: FewsOrange
If it is 4-4 the law stands. 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.
To: FewsOrange
If it is a 4-4 tie, the lower court’s decision stands.
To: Lurking Libertarian; ALPAPilot
http://en.wikipedia.org/wiki/Procedures_of_the_Supreme_Court_of_the_United_States#Tied_votes_and_lack_of_quorum
If not all of the nine justices vote on a case, or the Court has a vacancy, then there is the possibility of a tied vote. If this occurs, then the decision of the court below is affirmed, but the case is not considered to be binding precedent. The effect is a return to the status quo ante. No opinions are issued in such a case, only the one-sentence announcement that “[t]he judgment is affirmed by an equally divided Court.”
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
To: jazusamo
More proof that we are living in a FREAK show.
26
posted on
11/18/2011 6:00:16 PM PST
by
bimboeruption
(Clinging to my Bible and my HK.)
To: jazusamo
27
posted on
11/18/2011 6:29:56 PM PST
by
C210N
(zer0 - a Marxonist spreading the flames of obamunism wherever he goes.)
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28
posted on
11/18/2011 6:37:52 PM PST
by
RedMDer
(Forward With Confidence!)
To: jazusamo
"... there is a strong conflict between the Thomas households financial gain through your spouses activities and your role as an associate justice of the United States Supreme Court, dozens of Democrats said in a letter to Justice Thomas earlier this yearWhat 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?
To: pieceofthepuzzle
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.
To: ALPAPilot
wouldn’t this more likely make the vote 5-3?
To: jazusamo
May have to? By law, she is
required to recuse herself.
(And then there's that little perjury thing during her confirmation hearings)
32
posted on
11/18/2011 6:50:32 PM PST
by
Hoodat
(Because they do not change, Therefore they do not fear God. -Psalm 55:19-)
To: shhrubbery!
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.
33
posted on
11/18/2011 6:51:58 PM PST
by
jazusamo
(The real minimum wage is zero: Thomas Sowell)
To: Hoodat
Absolutely right, but then leftists don’t believe the law pertains to them.
34
posted on
11/18/2011 6:54:40 PM PST
by
jazusamo
(The real minimum wage is zero: Thomas Sowell)
To: Lurking Libertarian
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?
35
posted on
11/18/2011 6:57:54 PM PST
by
Hoodat
(Because they do not change, Therefore they do not fear God. -Psalm 55:19-)
To: jpf
I actually think the notion that the commerce clause applies to your body won't sit well with Kennedy. I say it gets struck down 5-4 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.
36
posted on
11/18/2011 7:20:38 PM PST
by
Graybeard58
(Of course Obama loves his country but Herman Cain loves mine.)
To: All
37
posted on
11/18/2011 7:21:30 PM PST
by
musicman
(Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
To: FewsOrange
So without Kagan there is no chance of the law being upheld and hence no chance of Kagan recusing herself 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.
38
posted on
11/18/2011 7:24:34 PM PST
by
Ken H
(They are running out of other people's money.
)
To: Scotswife
“That she was nominated and even approved is a disgrace.”
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.
To: jazusamo
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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