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Kagan Sits in Judgment of ObamacareóDespite Cheering Its Passage and Assigning Lawyer to Defend It
CNSNews ^ | March 26, 2012 | Terence P. Jeffrey

Posted on 03/28/2012 4:06:09 PM PDT by yoe

When the Supreme Court on Monday began hearing oral arguments in the cases challenging the constitutionality of the Patient Protection and Affordable Care Act—AKA “Obamacare”—Supreme Court Justice Elena Kagan showed up to hear the arguments and gave no indication she would recuse herself from judging the cases even though she had cheered enactment of Obamacare as an Obama political appointee and had personally assigned her top deputy in the Obama Justice Department to defend the law in federal court.

A federal law, 28 USC 455, says a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned” or anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”

During her confirmation process in the Senate Judiciary Committee, Kagan assured the committee in written responses to (its questionnaire) that she would follow the “letter and spirit” of 28 U.S.C. 455.

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


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: 2012; 28usc455; absenceofhonor; corruption; democratcorruption; democrats; dncrico; elenakagan; fraud; govtabuse; harvardresumefraud; impeach; impropriety; judicialcorruption; kagan; liberalfascism; liberalism; liberals; nocodeofethics; noethics; obama; obamacare; progressives; scotus; supremedishonor; supremeimpropriety; tyranny
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Is the 'smart Latina woman' mendacious also?
1 posted on 03/28/2012 4:06:14 PM PDT by yoe
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To: yoe

Awwww it’s all on the (dis)honor system.

Unless Congress had the moxie to impeach and convict her.


2 posted on 03/28/2012 4:08:50 PM PDT by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: yoe

Hard liberals such as Kagan have no shame. They operate with the motto “end justifies the means”.


3 posted on 03/28/2012 4:13:03 PM PDT by entropy12 (Every tax payer now owes $150,000 towards the national debt. We are worse than broke.)
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To: yoe

“A federal law, 28 USC 455, says...”

Might as well stop reading. Laws don’t apply to democrats.


4 posted on 03/28/2012 4:13:30 PM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: yoe

Does mendacious mean lesbian?


5 posted on 03/28/2012 4:19:31 PM PDT by Henry Hnyellar
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To: yoe

Kagan should have recused herself.


6 posted on 03/28/2012 4:21:53 PM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: yoe

,,,,, CORRUPTION in the high court ,,,, what’s new here ???


7 posted on 03/28/2012 4:22:06 PM PDT by Lionheartusa1 (-: Socialism is the equal distribution of misery :-)
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To: Henry Hnyellar

Mendacious means to tell lies.


8 posted on 03/28/2012 4:25:10 PM PDT by madison10
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To: HiTech RedNeck
This is a huge black mark for Kagan. It's obvious that she should recuse herself but she refuses to do so in what may be a futile effort prevent Obamacare from being declared unconstitutional.

She is a rookie Justice who has chosen a scorched earth approach that exposed her lack of Judicial ethics and has cost her the respect and trust of her peers on the court, even those on the left. No one likes a hack for a Judge and Kagan has shown herself to a hack.

Soon the judgment on ObamaCAre will be rendered but the black mark she has made for herself will live on for the rest of her tenure on the court. This black mark will limit her effectiveness as a Justice. She will pay a high price going forward for her support of ObamaCare

If there is big change in Congress and a Republican President is elected there is a good chance that more evidence of her direct involvement in ObamaCare will surface and her ethical violations will be exposed to the public.

Her reputation as an ethical Justice will be destroyed and she may be forced to resign or be impeached by a Congress that is under pressure from the public

9 posted on 03/28/2012 4:25:49 PM PDT by rdcbn
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To: HiTech RedNeck
I think that it is very possible that if looks like there are enough Justices voting to uphold Vinson's determination that the individual mandate is unconstitutional, rather than cast a futile vote that would lead to her impeachment, Kagan will vote with the majority to try to salvage her position.
10 posted on 03/28/2012 4:31:51 PM PDT by rdcbn
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To: rdcbn

Obama and other left wingers surely don’t care about anything more than a reliable vote for their causes (although something even these pawns do something surprising like taking part in the unanimous tell-off to the EPA the other week, but that could just be the repayment of a favor to Roberts).


11 posted on 03/28/2012 4:33:14 PM PDT by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: yoe

She can posture all she wants...she will support Obamacare forever.


12 posted on 03/28/2012 4:34:08 PM PDT by Pharmboy (She turned me into a Newt...)
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To: rdcbn

Either way she comes out looking like a dummox... not that it’s going to matter so much to HER, but it will reflect on Obama.


13 posted on 03/28/2012 4:34:56 PM PDT by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: entropy12

Why can’t Chief Justice Roberts direct Kagan to recuse herself?


14 posted on 03/28/2012 4:38:45 PM PDT by Ken522
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To: yoe

You can bet Kagan is an embedded SPY FOR THE REGIME. Watch your backs, Justices! They probably should sweep for listening devices and other spy equipment which Kagan may be using on them. I wouldn’t so much as SHOW HER my notes let alone hand them to her.


15 posted on 03/28/2012 4:44:35 PM PDT by FedsRStealingOurCountryFromUs
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To: HiTech RedNeck

That reminds me.. Is Boehner bound, gagged and locked up in a Democrat’s closet somewhere? /crickets.. That dude has about as much fight in him as a marshmallow.


16 posted on 03/28/2012 4:47:31 PM PDT by FedsRStealingOurCountryFromUs
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To: FedsRStealingOurCountryFromUs

Really sucks to have the criminals in charge!


17 posted on 03/28/2012 4:49:05 PM PDT by bicyclerepair ( REPLACE D-W-S ! http://www.karenforcongress.com)
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To: yoe

the statute:

(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;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(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;

The purpose of the statute mandating recusal is to assure the rest of us of the impartiality of the justices.
I suppose this justice believes the question turns on the meaning of the word “shall.”
A scofflaw US Supreme Court Justice, mmm mmmm mmm.


18 posted on 03/28/2012 5:00:43 PM PDT by tumblindice (our new, happy lives)
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To: bicyclerepair

As aware and wise as we are, I think even WE are surprised as to just how deeply those seeking to overthrow our Republic have infiltrated our government. The progressives have been working on this.. p r o g r e s s i v e l y. Of course it doesn’t help that they have total control of the public school system and are churning out more dumbed-down students-turned-socialists as we speak.


19 posted on 03/28/2012 5:08:40 PM PDT by FedsRStealingOurCountryFromUs
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To: mylife

“...Kagan should have recused herself....”

An honorable person would have.


20 posted on 03/28/2012 5:11:45 PM PDT by NCC-1701 (In Memphis on January 20, 2009, pump price were $1.49. We all know what happened after that.)
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To: Ken522
A Chief Justice doesn't have that authority.
At that level a justice is expected to do the right thing.
Of course look what we have as a government now.
21 posted on 03/28/2012 5:28:30 PM PDT by Reily
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To: tumblindice
I suppose this justice believes the question turns on the meaning of the word “shall.”

Maybe she's biologically unable to disqualify himself.

22 posted on 03/28/2012 5:55:16 PM PDT by Reeses
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To: yoe

Kagan is not a wise Latina.


23 posted on 03/28/2012 6:06:35 PM PDT by 1010RD (First, Do No Harm)
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To: yoe
Image and video hosting by TinyPic

From David Horowitz's
FrontPageMag.com/DiscoverTheNetworks.org

PROFILE: ELENA KAGAN

As an undergraduate at Princeton, Kagan wrote a senior thesis titled

"To the Final Conflict: Socialism in New York City, 1900-1933."

In the "Acknowledgments" section of her work, she specifically thanked her brother Marc, “whose involvement in radical causes led me to explore the history of American radicalism in the hope of clarifying my own political ideas.” In the body of the thesis, Kagan wrote:

"In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalism’s glories than of socialism’s greatness. Conformity overrides dissent; the desire to conserve has overwhelmed the urge to alter. Such a state of affairs cries out for explanation. Why, in a society by no means perfect, has a radical party never attained the status of a major political force? Why, in particular, did the socialist movement never become an alternative to the nation’s established parties?...

"Through its own internal feuding, then, the SP [Socialist Party] exhausted itself forever and further reduced labor radicalism in New York to the position of marginality and insignificance from which it has never recovered. The story is a sad but also a chastening one for those who, more than half a century after socialism’s decline, still wish to change America. Radicals have often succumbed to the devastating bane of sectarianism; it is easier, after all, to fight one’s fellows than it is to battle an entrenched and powerful foe. Yet if the history of Local New York shows anything, it is that American radicals cannot afford to become their own worst enemies. In unity lies their only hope."

Lots more on Kagan here:
http://www.discoverthenetworks.org/individualProfile.asp?indid=2398
_____________________________________________

Link to Kagan's complete thesis here (pdf file):
http://www.redstate.com/erick/files/2010/05/kaganthesis.pdf


24 posted on 03/28/2012 7:01:48 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: lacrew
Laws don’t apply to democrats.

Democrats have dragged down their party into the algae realm. Democrats are bailing from the party and no amount of distortion about women's reproductive rights or attempts to silence conservative radio or TV can distract the majority about the economy, gas prices and fear as to what democrats have up their sleeves next.

Political thuggery aided and abetted by mainstream media has left a nasty taste in the mouths, eyes and minds of millions upon millions of Americans.

Kagan's refused to recuse herself contributes to her outright disrespect of the highest of courts to which she was appointed and total disregard for the integrity of this high office she was charged with upholding.

25 posted on 03/28/2012 7:18:38 PM PDT by MamaDearest
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To: yoe

Maybe all the Justices should recuse themselves?

“House Democrats say Justice Thomas should recuse himself in health-care case”

“Seventy-four House Democrats have signed a letter to Clarence Thomas asking the Supreme Court justice to recuse himself from any deliberations on the constitutionality of the national health care overhaul, arguing that his wife’s work as a lobbyist creates “the appearance of a conflict of interest.”

http://voices.washingtonpost.com/44/2011/02/house-democrats-say-justice-th.html

“Clement’s law firm, Bancroft PLLC, was one of almost two dozen firms that helped sponsor the annual dinner of the Federalist Society, a longstanding group dedicated to advocating conservative legal principles. Another firm that sponsored the dinner, Jones Day, represents one of the trade associations that challenged the law, the National Federation of Independent Business.”

“Another sponsor was pharmaceutical giant Pfizer Inc, which has an enormous financial stake in the outcome of the litigation. The dinner was held at a Washington hotel hours after the court’s conference over the case. In attendance was, among others, Mitch McConnell, the Senate’s top Republican and an avowed opponent of the healthcare law.”

“The featured guests at the dinner? Scalia and Thomas.”

http://www.latimes.com/news/politics/la-pn-scalia-thomas-20111114,0,7978224.story


26 posted on 03/28/2012 7:45:20 PM PDT by chessplayer
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To: tumblindice

Well there’s the problem, it says “He”. She’s immune to laws.


27 posted on 03/28/2012 7:56:25 PM PDT by MaxMax
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To: yoe

IMPEACHMENT was made for JUST this reason...


28 posted on 03/28/2012 8:09:31 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: Reily

Could Kagan’s not recusing herself be grounds for declaring a mistrial?

If so, would the new trial begin its hearings a year from now, at the earliest?

BTW, is that the sound of Dictator Baby-Doc Barack dragging his feet, or just another Democrat laughing?


29 posted on 03/28/2012 8:29:36 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: Graewoulf

Could Kagan’s not recusing herself be grounds for declaring a mistrial?


You can bet the libs are considering the same thing about Scalia and Thomas. One thing is certain. Neither side will accept the courts ruling on this.


30 posted on 03/28/2012 8:44:54 PM PDT by chessplayer
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To: Ken522

Yeah really, after she was captured on a hot mike saying how wonderful it was that they passed Obamacare.


31 posted on 03/28/2012 8:45:38 PM PDT by entropy12 (Every tax payer now owes $150,000 towards the national debt. We are worse than broke.)
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To: Graewoulf

If the ruling sides with obama, conservatives could disregard it because of Kagan. If it goes against obama, he could ignore it because of Thomas and Scalia.


32 posted on 03/28/2012 8:50:33 PM PDT by chessplayer
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To: yoe; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; GregNH; ...
SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

33 posted on 03/29/2012 12:28:24 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: yoe

This woman is a walking “boatload” of fecal matter. I heard her questions yesterday what a sad excuse for a jurist.


34 posted on 03/29/2012 6:45:31 AM PDT by Warrior Nurse (I am an American Fighting Man, fighting to keep our country free from despots and idiots)
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To: yoe

Since Congress is not in the “impeaching mood” after their inept handling of Klintoon, I wonder if the historians will at least record Kagan’s breaking of the law?


35 posted on 03/29/2012 6:54:26 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: FedsRStealingOurCountryFromUs

Total control of the public school system AND the fourth estate. The American sheeple are way to brainwashed AND lazy to save this once great REPUBLIC. There are too few of us wagon pullers left to save it on our own, I am convinced America has gone off the cliff - financially at least.


36 posted on 03/29/2012 7:01:27 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: yoe

During her confirmation process in the Senate Judiciary Committee, Kagan assured the committee in written responses to (its questionnaire) that she would follow the “letter and spirit” of 28 U.S.C. 455.


Elena Kagan

is a

Bald-Faced Liar


37 posted on 03/29/2012 7:09:40 AM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: yoe

Has she no manners? She needs to step down for this one.


38 posted on 03/29/2012 7:11:21 AM PDT by GOPJ (Democrat-Media Complex - buried stories and distorted facts... freeper 'andrew' Breitbart)
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To: Warrior Nurse
"sad excuse for a jurist"

Why didn't the spineless GOP Senators filibuster her appointment? This CANNOT possible be a surprise to anyone paying attention.
39 posted on 03/29/2012 7:13:37 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Cheerio

Because the GOP-E wants Government Health Care as bad as the Rats do, they just don’t tell you.


40 posted on 03/29/2012 7:16:13 AM PDT by dfwgator (Don't wake up in a roadside ditch. Get rid of Romney.)
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To: yoe
"Who is the judge, by the way?"
41 posted on 03/29/2012 11:42:45 AM PDT by Lexinom (Mitt < 1,144)
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To: Graewoulf

what higher judicial authority would declare a USSC trial a mistrial?


42 posted on 03/29/2012 1:33:25 PM PDT by Reily
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To: Graewoulf

what higher judicial authority would declare a USSC trial a mistrial?


43 posted on 03/29/2012 1:33:57 PM PDT by Reily
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To: ETL
Gaius Caligula actually made his horse a senator.

Idius Obamus made a horse's ass a supreme court justice.

44 posted on 03/29/2012 1:42:32 PM PDT by N. Theknow (Kennedys=Can't drive, can't ski, can't fly, can't skipper a boat, but they know what's best for you.)
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To: dfwgator

I think that you are right. US Corporations would very much like to shed their employees’ skyrocketing health insurance burden from their books. This has become a fascist country, the people be damned.


45 posted on 03/29/2012 5:17:27 PM PDT by GregoryFul (We all live in an Idiocracy, an Idiocracy, an Idiocracy...)
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To: yoe

This was exactly why the White House, through their flying monkeys in the lefty media, ginned up the “Clarence Thomas must recuse” campaign.

The basis of this was of course that Ginny Thomas had advocated against Obamacare, even though Clarence fully complied with the federal law and made no public comments on the issue.

The basis of the campaign was the remarkably insulting implication that a wife could not possibly hold differing views from a husband. For “the party of women” to make this argument is beyond hypocritical.

And they got the result they really wanted: A rough equality in the general idiot public mind, the belief that it would only be “fair” that Kagan could stay if Thomas could.


46 posted on 03/29/2012 5:37:01 PM PDT by denydenydeny (The more a system is all about equality in theory the more it's an aristocracy in practice.)
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To: Reily; chessplayer

” - - - what higher judicial authority would declare a USSC trial a mistrial?”

A valid point. However, our Federal Government was designed with checks and balances on ALL branches of Government.

What then is the check and balance on a rouge SCOTUS?


47 posted on 03/29/2012 8:34:00 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: FedsRStealingOurCountryFromUs
That reminds me.. Is Boehner bound, gagged and locked up in a Democrat’s closet somewhere? /crickets.. That dude has about as much fight in him as a marshmallow.

You say that as if it's a bad thing. I think youare very confused - what, exactly do you think it is a RINO sells to make his or her career?

Answer: the absolute promise, in a critical situation, when millions of people are dependent on them to speak for them against totalitarianism...

...to say absolutely nothing.

RINOs are lower than Leftists or liberals. RINOs are moral traitors. Their souls are DEAD - which is why they can do things even a Leftist won't do.

48 posted on 03/29/2012 9:39:56 PM PDT by Talisker (He who commands, must obey.)
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To: Talisker

My apologies.. I forgot that “it’s all rigged” isn’t so “tin foil hat” after all!


49 posted on 03/30/2012 12:26:48 AM PDT by FedsRStealingOurCountryFromUs
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To: Wings-n-Wind

PING = LATER REF


50 posted on 03/30/2012 9:22:31 AM PDT by Wings-n-Wind (The main things are the plain things!)
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