precisely, short & very sweet....
and its by Federal law:
http://www.freerepublic.com/focus/f-news/2794942/posts
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 ...
Absolutely correct. The US Constitution became void a loong time ago. I think the people on this board better prepare themselves. Obamacare will be upheld.
Absolutely correct. The US Constitution became void a loong time ago. I think the people on this board better prepare themselves. Obamacare will be upheld.
precisely, short & very sweet....
and its by Federal law:
http://www.freerepublic.com/focus/f-news/2794942/posts
She can be impeached - IF we get 60 Senate seats.
Agreed. This one time that Tea Parties need to be at the door protesting her.
That remark about “he” was a lame joke. I’m sure the statutes have a section that does just as you describe.
But it IS believable that Democrats would try to use this loophole.
Sadly a SCOTUS justice cannot be forced to recuse. But they can be impeached.
If we ever get the chance,
in addition to “term-limits” for politicians, we need
either “easier” recall or periodic review, for
Supreme Court Justices.
Try, convict and hang.
It takes 2/3 majority to impeach. Ask Andrew Johnson.
Works for me.
Why should we expect honesty and integrity from our Court system or those who occupy the positions of trust and responsibility?
There is no indication that any of the values that underpinned our country when it was founded remain.
A judge should be able to advocate for what is in their political interests, in the same way that the press no longer remains unbiased, or the Senators or Representatives serve the people, instead of their own self-interests.
We are all out for ourselves now, and the Republic has been corrupted form within.
As our forefathers stated, the Republic will only last as long as people of integrity and honesty serve the people.
It is now only a game, and we all allowed it to happen.
Shame on the rest of the court for not forcing her to leave, and shame on her for not leaving out a since of decency.
It is too bad no one feels shame for anything any more. This Thanksgiving, I don’t see much to be thankful for.
The conscience of the country has passed into history.
Obama will be re-elected because he represents the me generation, the taker generation, the gimme generation. The court will merely parrot this attitude and say that it is all part of the changing of our society.
Obamacare will be upheld, because so many want free things.
The rise and fall of America occurs because of decisions like this.
I dunno. 34 years in power wasn't too bad.
You mean to tell me that Supreme Court Justices are above the law?
See Title 28 of the United States Code, Section 455:
28 U.S.C. § 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
During the confirmation hearings, she talked about how a "wise latina woman" would have a different POV on the issues. She may have a point, because I'm just not seeing the wisdom in trying to provoke a rebellion.
GOP RINO’S LET OBAMA NOMINATE THIS INCOMPETANT PARTISAN WITCH TO THE SUPREME COURT
CONGRESS HAS OVERSITE - NOT A RUBBER STAMP - ON WHO EVER THE PRESIDENT WANTS
CALL LINSEY GRAHAM AND THANK HIM FOR THIS
They are supposed recuse if there is a conflict of interest but nobody can force them. Sadly we are counting an activist progressive to do the honorable thing. Forget it.
So, you're saying that the LAW doesn't apply to Supreme Court Justices?
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