Posted by Tina
Now that the Supreme Court has agreed to review the cases brought against Obamacare; should Justice Kagan recuse herself? This is one of two important questions that will be debated and decided in the coming weeks and months. Meanwhile, The Hill reports that C-Span has asked that their cameras be allowed to cover the proceedings:
“We believe the public interest is best served by live television coverage of this particular oral argument,” C-SPAN chief executive Brian Lamb said Tuesday in a letter to Chief Justice John Roberts. “It is a case which affects every American’s life, our economy, and will certainly be an issue in the upcoming presidential campaign.”
Calls for Justice Elena Kagan to recuse herself have gotten more intense after emails revealed her early support of the legislation as well as her involvement in planning for legal defense of the law when she worked at the justice Department:
In a March 21, 2010 email exchange with Harvard Law professor Laurence Tribe, who also served in the Justice Department at the time, Kagan expressed enthusiasm — so much so that it apparently required two exclamation points — at the news of the law’s impending passage through Congress.
“I hear they have the votes, Larry!! Simply amazing,” Kagan wrote to Tribe in one of the emails.
The law governing recusal, 28 USC 455 indicates she may be compelled to recuse herself:
(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…
Revealed emails also show that she may have lied to Congress when she was asked about this during her confirmation process. From the Daily Caller:
Two weeks after the Senate passed the health care legislation in January 2010, Brian Hauck, senior counsel to Associate Attorney General Tom Perrelli, emailed Kagan’s principal deputy, Katyal, to tell him that Perrelli wanted “to put together a group to get thinking about how to defend against the inevitable challenges to the health care proposals that are pending.”
Katyal replied, “Absolutely right on. Let’s crush them. I’ll speak to Elena [Kagan] and designate someone.”
Two hours later, Katyal emailed Hauck: “Brian, Elena would definitely like OSG [Office of the Solicitor General] to be involved in this set of issues. I will handle this myself, along with an Assistant from my office [REDACTED] and will bring in Elena as needed.”
A new Gallup poll reports a majority of Americans want the law repealed (47% of adults) as opposed to those who want the law kept in place (42%). Allowing Americans to watch C-Span as the court hears arguments for and against in the healthcare case would be a welcome change from the secretive methods used by Pelosi and Reid to write and pass the legislation in the first place. If Elena Kagan refuses to recuse herself from the case it will reflect the underhanded methods used to impose a very bad bill on the American people.
C-Span cameras may be denied a place by the court in this case but Elena Kagan must recuse!
Your reasoning is sound and logical but we are dealing with Liberals. Liberals are impervious to sound reasoning and logic. On another note, she looks like Fred Flintstone in drag.
“Let’s crush them.” Well, that says it all for me.
I agree that Kagan should recuse herself. But are we going to ask that Scalia and Thomas recuse themselves? They were hosted as guests by the very firm that will argue this case in front of the Supreme Court. We have to demand that ALL justices be honorable, not just those from the other side.
Princess without more information about Scalia and Thomas being guests I can’t comment specifically but I will say there is a big difference between being a guest at an event and while working for the government acting as one of the strategists to defend against a potential legal chllenge.(rule 3). There is a difference between attending an event and acknowledging a position with respect to legislation. Kagans stated support of Obamacare is quite obvious…she definitely has a bias in favor of Obamacare. (rule 1)
Q: “They hoodwinked your boy, Reagan”
That’s one point of view…mine would be the dems welched on a deal showing themselves to be men of low character and unworthy to lick Reagans boots…but that’s just me.
Shifting derision and blame to Reagan when the the opposition failed to keep an agreement is a bit cheesy and is the sort of thing that lets the true scoundrels off the hook.
As long as the American people are willing to applaud and reward scoundrels we will only continue to get screwed. Thanks for helping the loosers win again and again.
“The Democrats want Single-Payer.”
Absolutely! Another branch of the tree of absolute power!
“WHEN the Supremes rule that making me buy something is unconstitutional, the Dems will simply give the people what they want”
We’ll see. In their haste to shove this crap legislation through they forgot to put a clause in that says if part of the legislation is found to be unconstitutional the rest remains in effect. It may be the entire bill will be tossed if that provision is found to be unconstitutional and then we’ll be back to square one.
What happens next depends on how many scoundrels we route out next November and how whether enough of the voters have wised up.
Well Quentin good luck with finding candidates that will always do what you want them to do. Your life will be eternally stressful.
As for Wally Herger, you have said this before and so far have not named a better alternative. Whats the matter…can’t find that perfect candidate that will always do what you want?
Republicans have acknowledged the mistake they made in promoting Romneycare. None voted for Obamacare legislation, indeed, since it was constructed for the most part behind the closed doors of Pelosi’s office and never debated on the floor of the House, both republicans and many democrats had zero input.
Sorry Quentin, your evaluation is WEAK and PATHETIC!
Our readers can read an inclusive and clear point of view on Reagan and taxes if they so desire here:
http://www.powerlineblog.com/archives/2011/02/028319.php
The article puts some of his decisions in context, something that Mr. Perfect refuses to consider, needing so desperately for our representatives to always do things his way:
Human beings are not always presented with perfect choices; sometimes we get to choose between several options that are not ideal. Quentin would vote for someone he believes woulf vote just like he would in all cases…and he would be disappointed in them over and over again.
I recall asking him once…”are you as hard on yourself as you are on others?” I never got an answer to that one.
“On another note, she looks like Fred Flintstone in drag.”
I have to disagree with you Tina – I’d say, Tom Arnold.
Not that we care what people look like, I’m just making an observation.
Juanita we have to give Toby the credit for Fred Flintstone…he has a bit more of the comic in him than I do…lol.