Skip to comments.Kagan refuses to recuse on Obamacare
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 Obamas 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.
ALGs, 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 Courts 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 ...
Even the flippy floppy RINO Mitt Romney has yet to waffle on his promise to enact a 50 state waiver upon inauguration if he is inaugurated, this Rat manipulative power play is hated so. Let Kagan be intransigent, it will only increase the wrath to come upon the Rat machine.
How can an extreme leftist like Kagan even be considered when she doesn’t even believe in the constitution?
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.
Anything new from the communists empire of the Democrats?
LOL. . . It is shocking, is it not?
There are no laws in this country. There are simply powerful people trying to get away with things, and usually succeeding.
This is just one of the many affronts to our democracy that has surfaced during the Obumo regime. I wouldn’t be at all surprised if Kagan made money via insider trading over Obumocare. But this administration is all about in-your-face activism and blatant cronyism whether by appointment or union kickbacks or targeted payoffs aka Solyndra.
Retch if you must but get to the polls even if you have to be wheeled.
Obamacare is one of the central reasons Kagan was appointed and confirmed. She is “trustworthy”.
Exactly what I was thinking. It ticks me off time and time again when our Judges and Politicians all take an OATH to protect and defend the constitution, to abide by it, and then right off the bat they break that oath. I mean WTF? Lying on the stand in court can get you a perjury charge, but breaking an oath gets a shrug of the shoulders? This Obamacare is so freakin unconstitutional it blows my mind. Can you imagine the level of corruption this would entail? FORCING the people to buy a companys product? Oh yeah, no politician is going to take financial advantage of that. sheesh!!!!
Congrats needs to act to permanently remove her.
Congress needs to act to permanently remove her.
This is another example of the mistake America made in electing a community organizer to do the job of respecting and representing all of our citizens.
Shame on the voters for what they have done and shame on the republicans in the Senate for supporting Kagan and Sotomayor.
Which is exactly what Obama wants. Kagan gets her marching orders from him no doubt at all.
She will not recuse herself, since she has privately agreed to vote precisely the way she is instructed to vote by Obama and the Democrats on every case that comes before her so long as she sits on that bench. Sotomayor has made a similar pledge, I’m sure.
There is no reason for Democrats to be upset. It would literally make no sense to a Democrat for Kagan to recuse herself.
To Democrats, the purpose of Presidential appointment and Senate confirmation of a judge with life tenure is to overthrow our government of limited powers. That is exactly why Elena Kagan was nominated, and that is exactly why she was confirmed.
For her to recuse herself, to defect from the battle for communism on the cusp of its greatest triumph in all of history, would make as much sense as her dressing for court in purple underwear and announcing her opinions in Norwegian.
We cannot begin to win until we understand the terms of the battle.
Ask Qadaffi how well that works out in the long run.
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