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Kagan Defended ObamaCare As Solicitor General - Case closed on recusal.
Human Events ^ | 01/27/2012 | John Hayward

Posted on 01/27/2012 2:47:35 PM PST by neverdem

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To: raybbr
There's a big difference between actively defending a case and sitting on the bench while the hearing is going on.

Perhaps instead of saying "on the court", I should have said "heard the previous case". If a case comes before a court which is similar to one that it has already decided, any judges who were involved in the previous case may easily have a stronger-than-proper attachment to whatever decision they made there, and attempt to apply it to the new case whether or not it is really applicable; nonetheless, I really don't see lawyers on either side arguing that issuance of decisions on earlier cases should preclude a judge from hearing later related ones.

41 posted on 01/28/2012 7:53:28 AM PST by supercat (Renounce Covetousness.)
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To: Hulka
"...and Kagan's female...."

Are you sure....?

I hesitated before writing that, but I assume she has "F" on her driver's license.

That is, assuming Massachusetts limits the options to "M" and "F." Not having lived there, I don't know for sure.

42 posted on 01/28/2012 9:04:43 AM PST by Verginius Rufus
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To: vrwconspiracist

The chief justice said last week that he is confident in the justices discernment..blah blah blah. My guess is that they already know that it will be a majority against Obama. Most courts have ruled that way. Kagen will recuse knowing that her vote will not matter, because Most likely Obama will not be president and she has the rest of her life to be one of the supremes. I have read stories that she had been hanging out with scalia and family. You are one of a few of entire branch of government. Very exclusive club. These people are intellectual giants around you on the law. My guess is she is humbled and will play it out like i said. It is the best way she can handle it for her future.


43 posted on 01/28/2012 9:43:07 AM PST by Walkingfeather
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To: neverdem

Thanks for the ping!


44 posted on 01/28/2012 9:44:55 AM PST by Alamo-Girl
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To: AuH2ORepublican

There is no severability clause in the legislation, so if the individual mandate is deemed unconstitutional, the judges could declare the entire law unconstitutional making repeal unnecessary. SCOTUS will have to address that in their decision.


45 posted on 01/28/2012 2:00:12 PM PST by kabar
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To: Walkingfeather

“I have read stories that she had been hanging out with scalia and family.”

That would be very disappointing. I never thought Scalia to be the sort of man who would allow a vile reprobate like that anywhere near his family.


46 posted on 01/28/2012 2:42:30 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: kabar

The operative word there is “could.” Yes, if SCOTUS declares the individual mandate unconstitutional, it could strike down the entire law given that it’s such a central part of the entire scheme (and without it the requirement that health insurance cover preexisting conditions will drive every insurer to bankruptcy), but that’s not what the circuit court did.


47 posted on 01/28/2012 4:33:04 PM PST by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: dsc

Speaking for the vast majority of us that are Vile Reprobates in need of redemption....I’m curious, if you were Scalia, (a man that is serious about his faith, and trying to live as Christ would...) and you had the chance to create an authentic friendship and show the Love of Christ to Kagen, would you do it?


48 posted on 01/29/2012 6:15:57 PM PST by Walkingfeather
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To: Walkingfeather

I will write loudly so that you can hear me way up there on your high horse.

“Speaking for the vast majority of us that are Vile Reprobates in need of redemption”

The sole basis for your scolding is your assertion that you—and by extension I—are in a class with scumbags like Kagan, and, I suppose, Chairman Maobama and the endless parade of filth to which the demonrats have subjected us since FDR.

While it is true that all fall short, and all are sinners, a sweet little old lady’s lack of charity for young women who come to Church dressed like naughty ladies of the evening is *far, far, far* from the despicable scumbagitude of a leftist.

All leftist thought, from the limousine liberalism of a George Clooney to the mass murders of Mao, Stalin, or Pol Pot, is of and from Satan. It is a contaminant in the human cognosphere, not a natural component of it. I have no reason to think that you regularly—or ever—commit sins as grave as a leftist like Kagan does with her every thought.

I therefore reject the notion that you are within light-years of being as foul a filthbucket as Kagan. I further assert that no one not a leftist is as foul as that.

“....I’m curious, if you were Scalia, (a man that is serious about his faith, and trying to live as Christ would...) and you had the chance to create an authentic friendship and show the Love of Christ to Kagen, would you do it?”

That attack-disguised-as-a-question presumes that such a chance existed.

No leftist is *ever* a friend of someone not a leftist. Leftists are leftists before all else. They may pretend friendship, but the moment that pretense becomes inconvenient, out the window it goes.

I don’t doubt for a moment that Scalia is a better man than I, but regarding any “friendship” with Kagan, I would have to say to him, “If you lie down with dogs, you get up with fleas.”

As far as showing the Love of Christ to Kagan, and skipping over for the moment how bad an example I am, it was swine like Kagan before whom Christians are enjoined not to cast their pearls.

If you have a bucket of clean water and a drop of sewage, and you drop the sewage into the water, what do you have then?

A bucket of sewage.

It is in large part by following that logic that leftists have taken control of so much in our country, and I would be much less surprised to learn that Kagan had distorted Scalia’s vision on a principle than to hear that Scalia had broken down the ramparts of illogic that protect her prejudices.


49 posted on 01/30/2012 12:28:11 AM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: dsc

LUKE 18:10 The Parable of the Pharisee and the Tax Collector

9To some who were confident of their own righteousness and looked down on everybody else, Jesus told this parable: 10“Two men went up to the temple to pray, one a Pharisee and the other a tax collector. 11The Pharisee stood up and prayed abouta himself: ‘God, I thank you that I am not like other men—robbers, evildoers, adulterers—or even like this tax collector. 12 I fast twice a week and give a tenth of all I get.’

13“But the tax collector stood at a distance. He would not even look up to heaven, but beat his breast and said, ‘God, have mercy on me, a sinner.’

14“I tell you that this man, rather than the other, went home justified before God. For everyone who exalts himself will be humbled, and he who humbles himself will be exalted.”


50 posted on 01/30/2012 5:58:22 AM PST by Walkingfeather
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To: Walkingfeather

Ah, I see that you cannot in fact hear me way up there on your high horse.

Okay. Done now.


51 posted on 01/30/2012 12:00:51 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: dsc

I have no idea where you are getting this “high horse” idea. All I am saying is as much as we do not like the left, we also need to allow that at any moment any of those people could change.... and like it or not, inside, we all want that chance to be redeemed ourselves. Especially me, and I imagine....Even you....


52 posted on 01/30/2012 3:09:05 PM PST by Walkingfeather
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