The Conservative Cave
Current Events => General Discussion => Topic started by: SSG Snuggle Bunny on May 18, 2011, 03:29:53 PM
-
Newly released documents reveal Supreme Court Justice Elena Kagan was more involved with President Obama’s health-care law than she disclosed previously. The documents likely will lead to a revival of questions about whether the Kagan should recuse herself from future cases.
Specifically, the documents show that Kagan was involved with crafting the legal defense of the Affordable Care Act in her role as solicitor general, before her appointment to the bench. The Media Research Center and Judicial Watch obtained the documents through a Freedom of Information Act (FOIA) lawsuit that was filed in February 2011.
In an email dated Jan. 8, 2010, then-Deputy Solicitor General Neal Katyal sent an email to Senior Counsel Brian Hauck and Deputy Attorney General Thomas Perrelli that indicates Kagan played a key role in coming up with a legal defense.
“Brian, Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues … we will bring Elena as needed.â€
Read more: http://dailycaller.com/2011/05/18/new-documents-suggest-supreme-court-justice-elena-kagan-involved-with-crafting-legal-defense-of-obamacare/#ixzz1MjomO6jR
-
Kagan refuses to recuse herself, based on the SCOTUS order that they'll review ObamaCare.
By John Vinci — 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.â€
Read more at NetRightDaily.com: http://netrightdaily.com/2011/11/kagan-refuses-to-recuse-on-obamacare/#ixzz1doN4nQFK
This analysis explains why Kagan must recuse herself.
Justice Kagan has stated under oath that she was never asked, nor did she ever offer, her opinion concerning the merits of U.S. Department of Health and Human Services v. State of Florida, et al., (the “HHS†case) – the major court challenge to PPACA, and the one most likely to be heard at the Supreme Court. However, there is evidence suggesting that she participated as counsel concerning the proceeding and therefore is bound by federal law to recuse herself from the case.
While Kagan’s name does not appear on any filings in the HHS case, that level of involvement is not required to necessitate recusal. The statute nowhere defines either “counsel†or “participated,†but case law does give guidance, and that guidance indicates that any personal (as opposed to pro forma) participation in a case is sufficient to trigger recusal. Thus, while the titular head of a large office might not be barred from hearing a case if there was no previous personal involvement, judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.†United States v. Gipson, 835 F.2d 1323, 1326 (10th Cir.
Link (http://judicialnetwork.com/files/Recusal4.pdf)
Maybe you legal beagles (DAT, et. al.) can explain how it is that Kagan, a Supreme Court Justice, can apparently flagrantly ignore the law in this manner.
What about the other eight justices? Don't they/won't they weigh in on this subject? What kinds of discussions are going on between the justices on this case vis a vis Kagan?
-
Kagan refuses to recuse herself, based on the SCOTUS order that they'll review ObamaCare.
Maybe you legal beagles (DAT, et. al.) can explain how it is that Kagan, a Supreme Court Justice, can apparently flagrantly ignore the law in this manner.
I'm not a legal beagle but an Obama appointtee obey the law..... :lmao: :lmao: :lmao:
Surely you jest.
-
I'm not a legal beagle but an Obama appointtee obey the law..... :lmao: :lmao: :lmao:
Surely you jest.
:thatsright:
Silly me. I somehow thought that Supreme Court justices somehow rose above the political chaos from which they came, especially once they took office.
-
Funny thing is, they are demanding that Thomas recuse himself over his wife's statements, yet kagen is allowed. :mental:
-
Funny thing is, they are demanding that Thomas recuse himself over his wife's statements, yet kagen is allowed. :mental:
That's because Thomas is a black man married to a white woman and we know how racist the left is.
-
That's because Thomas is a black man married to a white woman and we know how racist the left is.
True.