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Cain Requests That Justice Elena Kagan Recuse Herself from the Supreme Court’s Obamacare Hearing
Herman Cain web site ^ | 11/17/11 | Herman Cain/JD Gordon

Posted on 11/17/2011 12:29:05 PM PST by justsaynomore

Republican presidential candidate and businessman Herman Cain today requested that Supreme Court Justice Elena Kagan recuse herself from the upcoming Supreme Court hearing on Obamacare.

As a political appointee in President Obama’s Justice Department, Justice Kagan strongly advocated for the government takeover of health care and during the bill’s debate, then- Solicitor General Kagan actively supported a government-run system and sent a jubilant email to then-Justice Department colleague Laurence Tribe saying: ““I hear they have the votes, Larry!! Simply amazing.”

“I request that Justice Kagan recuse herself immediately from hearing the Obamacare case,” Cain said. “Members of the highest court in the land should be impartial, strictly follow the Constitution and should not carry water for former employers in the White House.”

According to 28 USC 455, Supreme Court justices must recuse from “any proceeding in which his impartiality might reasonably be questioned” and if they have at any time “expressed an opinion concerning the merits of the particular case in controversy” while he or she “served in governmental employment.”

For More Information: J.D. Gordon, Vice President of Communications Friends of Herman Cain, Inc. media@hermancain.com


TOPICS: Business/Economy; Foreign Affairs; Front Page News; Politics/Elections
KEYWORDS: 2012; bounceback; cain; comebackcain; comebackkid; frontrunner; hermanator; hermancain; obamacare; reboundman; teflonman
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1 posted on 11/17/2011 12:29:07 PM PST by justsaynomore
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To: justsaynomore
Cain, the man with more back bone and grit than the rest combined.
2 posted on 11/17/2011 12:32:28 PM PST by org.whodat (Just another heartless American, hated by "AMNESTY" Perry and his fellow demorats.)
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To: justsaynomore

Just saw this on my facebook feed. Go Herman!


3 posted on 11/17/2011 12:33:38 PM PST by Antoninus (Take the pledge: I will not vote for Mitt Romney under any circumstances. EVER.)
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To: justsaynomore

Good for HC!!!


4 posted on 11/17/2011 12:34:17 PM PST by RushIsMyTeddyBear (A MUST WATCH: http://www.youtube.com/watch?feature=player_embedded&v=KeOLurcQaqI)
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To: justsaynomore

Cain needs to get a clue. He surely is informed enough to know that when she recuses, so does Justice Thomas. Mrs. Thomas is gainfully employed by an organization that actively opposes Obamacare, where the Thomas’ by virtue of her employment display a vested interest in the outcome, so the conflict of interest is too obvious in both cases, leaving it a draw. This is a landmark case that needs to be crystal clean at the bench does it not?


5 posted on 11/17/2011 12:34:48 PM PST by RitaOK (Rasmussen is the polling standard who owns the record on accuracy.)
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To: justsaynomore

Smart move on his part.


6 posted on 11/17/2011 12:36:56 PM PST by Buckeye Battle Cry (Mittt Romney - he lacks the courage of his absence of convictions .)
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To: org.whodat

Nice to see a high profile candidate with some balls to stand up to the extreme leftist Kagan.


7 posted on 11/17/2011 12:37:00 PM PST by bigdirty
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To: justsaynomore

take it to em Cain !


8 posted on 11/17/2011 12:38:48 PM PST by TexasFreeper2009 (Cain 2012!)
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To: justsaynomore

Stepping into the forefront of policy issues... good to see. Maybe Herman will steady his campaign.

Herman.. you can do this! Just don’t shoot from the hip!


9 posted on 11/17/2011 12:39:52 PM PST by ScottinVA (I miss America.)
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To: RitaOK
Did Justice Thomas help write pre-ObamaScare legislation? Did he send an email (congratulating) consoling his wife/Tea Party for it's passage?

Apples to oranges.

10 posted on 11/17/2011 12:39:55 PM PST by Jane Long (Soli Deo Gloria!)
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To: RitaOK
So, if Mrs. Thomas is making a living by opposing ObamaCare wouldn’t Justice Thomas have a vested interest in seeing the law continue? After all if the law is struck down, Mrs. Thomas’ organization would no long stand to gain from their position.
11 posted on 11/17/2011 12:41:20 PM PST by Angry_White_Man_Syndrome
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To: bigdirty
Nice to see a high profile candidate with some balls to stand up to the extreme leftist Kagan.

Agree. Nice to see a top tier candidate take it to this administration and all the leftists. Mr. Cain has guts.

12 posted on 11/17/2011 12:41:58 PM PST by Jane Long (Soli Deo Gloria!)
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To: RitaOK

I don’t agree. If Kagan’s husband had advocated for Obamacare, I wouldn’t expect her to recuse herself if she wasn’t otherwise involved.

If Thomas’s son was openly against obamacare, should he also have to recuse himself?

I don’t think spousal or family views should affect recusal and I don’t thing they’re covered under the statute.

Kagan can be shown to be in an offical capacity openly advocating a law and will then sit on that law’s legality. That’s a conflict of interest. What Thomas talks about with his wife over dinner is not a conflict of interest.


13 posted on 11/17/2011 12:42:09 PM PST by cotton1706
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To: justsaynomore

“I request that Justice Kagan recuse herself immediately from hearing the Obamacare case,” Cain said. “Members of the highest court in the land should be impartial, strictly follow the Constitution and should not carry water for former employers in the White House.”


Finally he found something safe to say.


14 posted on 11/17/2011 12:44:18 PM PST by Gator113 (~Just livin' life, my way~.. Newt/West 2012.“I’ve got a lot swirling around in my head.”)
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To: RitaOK
Knee jerk Cain haters need to by a clue. As one of the people who helped craft the legislation Kagan has a clear conflict of interest. Thomas does not.

But I know, GOPdrones around here never let the facts get in the way of a hysteric anti Cain rant.

15 posted on 11/17/2011 12:44:33 PM PST by MNJohnnie (Giving more money to DC to fix the Debt is like giving free drugs to addicts think it will cure them)
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To: justsaynomore

Sorry Herman, but Sargent Lardo can't hear you ...

16 posted on 11/17/2011 12:46:51 PM PST by Zakeet (If Obama had half a brain, his butt would be lopsided)
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To: Gator113

Still doing everything you can to distract attention away from Newt’s campaign ending screw up I see G.

Gingrich embraces Washington “insider” label (Video)

http://www.cbsnews.com/video/watch/?id=7388533n ^ | 11-17-11 | CBS news

Stick a fork in Newt he is done.


17 posted on 11/17/2011 12:47:03 PM PST by MNJohnnie (Giving more money to DC to fix the Debt is like giving free drugs to addicts think it will cure them)
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To: Zakeet

Elena Kegface!


18 posted on 11/17/2011 12:48:55 PM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: justsaynomore

Justice Kagan’s ego won’t let her do it.


19 posted on 11/17/2011 12:49:12 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: RitaOK

Yawn


20 posted on 11/17/2011 12:49:52 PM PST by boomop1
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