Kagan Sits in Judgment of Obamacare—Despite Cheering Its Passage and Assigning Lawyer to Defend It

CNSNews ^ | March 26, 2012 | Terence P. Jeffrey

[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.

[Reily]

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.

[Reeses]

I suppose this justice believes the question turns on the meaning of the word “shall.”

Maybe she's biologically unable to disqualify himself.

[1010RD]

Kagan is not a wise Latina.

[ETL]

From David Horowitz's
FrontPageMag.com/DiscoverTheNetworks.org
PROFILE: ELENA KAGAN

• Served as President Bill Clinton's Associate White House Counsel
• Former dean of Harvard Law School
• Sought to overturn the Solomon Amendment, a law that denies federal funding to any university that bars military recruiters from its campus
• Believes that the military should open its ranks and barracks to homosexuals, without restriction
• Was appointed U.S. Solicitor General by President Barack Obama in January 2009

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

[MamaDearest]

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.

[chessplayer]

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

[MaxMax]

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

[mo]

IMPEACHMENT was made for JUST this reason...

[Graewoulf]

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?

[chessplayer]

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.

[entropy12]

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

[chessplayer]

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.

[BuckeyeTexan]

SUPREME COURT OF THE UNITED STATES

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

[Warrior Nurse]

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

[Cheerio]

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?

[Cheerio]

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.

[EdReform]

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

[GOPJ]

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

[Cheerio]

"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.

[dfwgator]

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