Skip to comments.Elena Kagan: The ObamaCare Recusal That Wasn't
Posted on 06/21/2012 9:59:12 AM PDT by reformedcratEdited on 06/21/2012 11:41:48 AM PDT by Admin Moderator. [history]
Clearly a different standard is being used in Justice Kagans decision to stay in this case. Not only had she e-mailed her excitement of Obamacares passage but has shared in the Obama administrations strategizing on the legal defenses for Obamacare. As sitting Supreme Court justice, Elana Kagan could very well be deciding on responses to arguments that she herself had helped formulate when she was solicitor general.
Excerpt, read the rest at www.americanthinker
it’s been a while since my polisci class. What would happen if a supreme court justice did recuse himself?
also, why would kagan recuse herself when walker in cal. didn’t? the precedent for biased judges has been set.
Your link does not take me to American Thinker.
Would Roberts be the one ultimately responsible for letting her sit on the case?
If Kennedy votes for the law, it's upheld 5-4 with Kagan, or 4-4 without her. I've heard that a tie essentially becomes a push, and the law is upheld.
...this just might be the reason that Zer0 did the now famous "executive privilege" trick.
The American Thinker link is at the bottom of the article. Same article at the American Thinker site.
Read the article in full. Its happened before. They don’t hear the case or vote.
“HOW DO WE KNOW THAT KAGAN IS NOT INVOLVED IN F&F?..
...this just might be the reason that Zer0 did the now famous “executive privilege” trick.”
It’s possible, but I think it’s more likely that Bozo is protecting his mommy, Valerie Jarret, whose fingerprints, and name, are probably all over the F&F documents. There’s probably a good chance that Obama didn’t know a lot about this operation simply because, you know, he would have to actually be around and do some work to even be briefed about it. Which we know is unlikely.
She should be in jail.
If clear evidence becomes available that Kagan did in fact actively participate in the Obamacare deliberations and strategizing while she was White House counsel, this could actually be a positive: Mitt Romney’s first Supreme Court appointment could be to replace the just-impeached justice Kagan, impeached for failure to recuse herself when clearly she should have.
the link is to napawhinecountry.com
That site has been blocked for some reason.
You need to provide the link to the original article.
“The American Thinker link is at the bottom of the article.”
Always post from the original source.
When you take a paragraph from far down the text, please acknowledge that.
Always post a link at the bottom of an excerpt as you can see has been done by us.
It’s better if you post correctly, as we are very busy back here.
To be perfectly honest when you think about it is a small miracle of magnanimity any time the hand-picked Federal employees in black robes do rule against their appointing powers.
A notion that undermines the very foundation of Constitutional government as they themselves define it. But nonetheless a magnanimous act we should be thankful does indeed at least occasionally take place by theses Federal Employees.
They recuse themselves all the time. Sotomayor recused herself from the FCC “dirty words” case they decided today because she had participated in it at the appeals level.
Worst-case scenario is a tie vote and a deadlock.
wow. if sotomayor has the ethics to recuse herself...
what does that say about kagan?