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Kagan refuses to recuse on Obamacare
NetRightDaily ^ | 14 Nov 2011 | NetRight Daily

Posted on 11/24/2011 10:17:47 AM PST by plsjr

Today, the U.S. Supreme Court agreed to hear the so-called “26-state lawsuit” against the Patient Protection and Affordable Care Act, better known as Obamacare. This announcement ends speculation whether recent Obama appointee Justice Elena Kagan will recuse herself from the case.

It is clear that Justice Kagan has refused requests that she not participate in this ruling. The failure of the Court order to note that Kagan had recused herself indicates that she has not. Traditionally, when a justice decides not to participate in a decision to hear a case, the Court order notes that fact. No notification means that it can be assumed that each justice participated in the decision, including Kagan.

The calls for Justice Kagan to recuse herself are based upon her role as Obama’s Solicitor General when Obamacare was passed. In this position, she must have been involved in the strategy decisions on how to defend Obamacare. In fact, and by her own admission, she “was present at ‘at least one’ meeting in which the challenges to PPACA were discussed.”

This admission on its face should have disqualified Kagan from participating in the Court case, as she and those who reported to her, were heavily involved in framing the arguments supporting the law.

ALG’s, Bill Wilson argues that, “Kagan is no more of an independent jurist on this issue than Obama himself would be. For her to refuse to recuse herself from the Supreme Court’s consideration of the constitutionality of the law is an affront to the American system of jurisprudence.”

Read more at NetRightDaily.com: http://netrightdaily.com/2011/11/kagan-refuses-to-recuse-on-obamacare/#ixzz1eeCJfXjW

(Excerpt) Read more at netrightdaily.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: kagan; obamacare; recuse; scotus
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To: plsjr

Kagan also refuses to recuse on Hillary’s _____y.


21 posted on 11/24/2011 10:45:57 AM PST by LyinLibs (All moslems are somewhere on the killing-you spectrum)
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To: Baynative

Great cartoon.

Don’t you think the other BO appointee would be at least cracking a smile?


22 posted on 11/24/2011 10:46:17 AM PST by thecodont
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To: plsjr
ObamaCare is the ruling class sinecure...perpetual bureaucratic splendor and bliss form behind a computer screen in DC.

The only way that sucker is going away..is when We the People go rip it out by the roots...

23 posted on 11/24/2011 10:47:08 AM PST by mo
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To: Caipirabob

Congress needs to act to permanently remove her.


LOL

We could only hope.


24 posted on 11/24/2011 10:47:27 AM PST by unkus (Silence Is Consent)
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To: Windflier; plsjr
If Kagan doesn’t recuse herself from the Obamacare case, it will effectively nullify the legitimacy of the Supreme Court.

I believe that is one of their goals!

25 posted on 11/24/2011 10:47:27 AM PST by thecodont
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To: Baynative; bigdirty
[BO] put her there to influence policy when possible. Not to bring an intelligent interpretation to the constitution.

Just think of the same thing taking place these days in many American law schools. :( I think one of BO's (and those who control him) goals is to create a generation of "lawyers in name only" who do not understand our Constitution.

26 posted on 11/24/2011 10:50:29 AM PST by thecodont
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To: plsjr

Justices are to serve in good behaviour.

How is pretending to be an impartial judge over an issue that she is on record vociferously supporting considered good behaviour?

Impeach her!


27 posted on 11/24/2011 10:51:00 AM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx)
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To: Caipirabob

My memory is not that good on the subject, but I think I recall that the repubs in the senate had a plan to block her but at the last minute lost their nerve and did not.

Would someone who knows please confirm or correct.

If my memory is correct, the rinos have done us in. This is just the beginning.


28 posted on 11/24/2011 10:52:08 AM PST by old curmudgeon
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To: ClearCase_guy

And a lot of times the laws that are enforced are unconstitutional.


29 posted on 11/24/2011 10:53:00 AM PST by goldi (')
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To: plsjr

I can’t believe CJ Roberts doesn’t have the authority to stop her. He is Chief Justice!!!


30 posted on 11/24/2011 10:53:49 AM PST by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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Comment #31 Removed by Moderator

To: Windflier

“Someone recently posted the text of a law that says that a jurist MUST recuse themselves from any case where they may have a conflict of interest.

So, now a jurist in the highest court in the land can just break the LAW with impunity? Excuse me, but the irony in that is almost too stark to describe.

If Kagan doesn’t recuse herself from the Obamacare case, it will effectively nullify the legitimacy of the Supreme Court.”


IMPEACH!


32 posted on 11/24/2011 10:57:14 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: plsjr
Great. . Happy Thanksgiving America. . . I just . . .
33 posted on 11/24/2011 11:04:28 AM PST by Art in Idaho (Conservatism is the only hope for Western Civilization.)
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To: plsjr

What we are witnessing is Khrushchev finally making good on his promise - to bury us!


34 posted on 11/24/2011 11:08:07 AM PST by wendell
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To: plsjr
We really need to clean house if we want America to survive.

The problems in DC will never be solved at the ballot box.

It's called hitting the reset button.

The military steps in and fires all three branches of government.

Six months later new elections, all amendments repealed except for the bill of rights.

The capital moves every other year, no more DC calling the shots.

Only taxpayers and veterans can vote.

Quotas on lawyers, who are not allowed to hold elective office.

35 posted on 11/24/2011 11:09:00 AM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: old curmudgeon
but I think I recall that the repubs in the senate had a plan to block her but at the last minute lost their nerve and did not.

One thing I do know is, that my hopefully-soon-to-be-retired Senior Senator threw his support to her. Right after Goober Graham threw her his panties.

"I have concluded that Solicitor General Elena Kagan is clearly qualified to serve on the Supreme Court and that she has demonstrated a comprehensive knowledge of court history and decisions,” Mr. Lugar said in a statement posted to his Web site Wednesday. “I believe that she has had a distinguished career in both education and public service and is well regarded by the legal community and her peers.”

36 posted on 11/24/2011 11:10:25 AM PST by digger48
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To: Windflier
If Kagan doesn’t recuse herself from the Obamacare case, it will effectively nullify the legitimacy of the Supreme Court

Only if Congress lets butch Kagan get away with it.

I will be calling the office of that douchebag Rubio to see what he's going to do about it.

37 posted on 11/24/2011 11:11:45 AM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: ClearCase_guy
"There are no laws in this country. There are simply powerful people trying to get away with things, and usually succeeding.

If I'm not mistaken, the supreme court must abide by the same rules that apply to lower courts. Any matter which comes before the court that a judge has an interest in, must recuse themselves. If they do not, they are subject to impeachment, which is the only way an appointed judge can be removed.

It would seem to me that the House of Representatives should start warming up for passing articles of impeachment, timed so that the balance of the senate tips toward the R side.

If and likely WHEN that happens, there will be enough clout in both houses to not only impeach but to convict the B. I. itch, else the D's remaining in congress will have to beg for TP their segregated rest rooms, and they will be allotted one sheet per dump....

38 posted on 11/24/2011 11:12:04 AM PST by fantail 1952 (Common sense foreign policy: Help your friends. Whip your enemies. Sort out the rest.)
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To: plsjr
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. Oaths in this country are as yet universally considered as sacred obligations. That which you have taken, and so solemnly repeated on that venerable ground, is an ample pledge of your sincerity and devotion to your country and its government.

John Adams, 1798

-PJ
39 posted on 11/24/2011 11:12:45 AM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: plsjr

She needs to be removed.

Fat a$$ed ugly, fished-face commie cow.


40 posted on 11/24/2011 11:18:13 AM PST by Ghost of Philip Marlowe (Prepare for survival. (Karl Denninger has jumped the shark. Do not visit his blog.))
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