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Old 03-26-2012, 09:49 PM
 
Location: Idaho
209 posts, read 240,127 times
Reputation: 112

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Everyone is talking about the Supreme Court ruling on Obamacare so why aren't the conservatives jumping up and down screaming about this egregious conflict of interest on the media outlets, especially their own forum like FOX NEWS? There's been mention but where's the fire in their bellies? (I'm conservative and waiting...)

Excerpt from the article:
"As solicitor general of the United States, Justice Elena Kagan served as the head of an office responsible for formulating the Obama administration’s legal defense of its domestic agenda priority — Obamacare." Kagan Must Recuse Herself from Obamacare Case - By Sen. Jeff Sessions - Bench Memos - National Review Online


This is exactly the kind of political incest that Washington is infested with on both sides of the isle and why our country is circling the drain. Americans need to get their faces out of their phones and facebook, get informed and start paying attention before its too late. (Preaching to the choir here on C-D)




Other related links:

» Justice Kagan and Obamacare: She Needs to Recuse Herself Immediately Alex Jones' Infowars: There's a war on for your mind!


Why Justice Kagan May Need to Recuse Herself from Obamacare Case


Elena Kagan 'Cloud' Hangs Over Supreme Court as Obamacare Hearings Begin on Monday | Sunshine State News

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Old 03-26-2012, 09:52 PM
 
1,569 posts, read 2,044,377 times
Reputation: 621
Quote:
Originally Posted by Sights_Set View Post
Everyone is talking about the Supreme Court ruling on Obamacare so why aren't the conservatives jumping up and down screaming about this egregious conflict of interest on the media outlets, especially their own forum like FOX NEWS? There's been mention but where's the fire in their bellies? (I'm conservative and waiting...)

Excerpt from the article:
"As solicitor general of the United States, Justice Elena Kagan served as the head of an office responsible for formulating the Obama administration’s legal defense of its domestic agenda priority — Obamacare."Kagan Must Recuse Herself from Obamacare Case - By Sen. Jeff Sessions - Bench Memos - National Review Online


This is exactly the kind of political incest that Washington is infested with on both sides of the isle and why our country is circling the drain. Americans need to get their faces out of their phones and facebook, get informed and start paying attention before its too late.





Other related links:

» Justice Kagan and Obamacare: She Needs to Recuse Herself Immediately Alex Jones' Infowars: There's a war on for your mind!


Why Justice Kagan May Need to Recuse Herself from Obamacare Case


Elena Kagan 'Cloud' Hangs Over Supreme Court as Obamacare Hearings Begin on Monday | Sunshine State News

A conflict of interest occurs when a judge/justice has a personal stake in the outcome of the case (usually financial).

Simply having a personal opinion doesn't cut it, since every judge/justice would have to recuse themselves.
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Old 03-26-2012, 10:06 PM
 
Location: Idaho
209 posts, read 240,127 times
Reputation: 112
I am not an attorney but according to this article this issue seems pretty clear cut to me...

"According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “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 or controversy.” In United States v. Gipson, the Tenth Circuit held that judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.” (From OP article)
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Old 03-26-2012, 10:09 PM
 
1,182 posts, read 1,139,822 times
Reputation: 439
She doesn't have to do anything but pay taxes and breathe air. She is a US SUPREME Court justice. Appointed for LIFE. She can choose to do what she wants and nobody can tell her to do otherwise. She cannot break the law because she IS the law.
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Old 03-26-2012, 10:12 PM
 
Location: Georgia, on the Florida line, right above Tallahassee
10,471 posts, read 15,835,178 times
Reputation: 6438
PolitiFact | When should Supreme Court justices recuse themselves?

Kagan has chosen to recuse herself even when her participation in a given case seems minor; she still made her decision based on what the law demands.
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Old 03-26-2012, 10:21 PM
 
1,569 posts, read 2,044,377 times
Reputation: 621
Quote:
Originally Posted by Sights_Set View Post
I am not an attorney but according to this article this issue seems pretty clear cut to me...

"According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “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 or controversy.” In United States v. Gipson, the Tenth Circuit held that judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.” (From OP article)
That only applies in the 10th circuit.
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Old 03-26-2012, 10:30 PM
 
Location: Texas
5,872 posts, read 8,095,507 times
Reputation: 2971
I'll be waiting for the OP's huffing and puffing dissertation as to why Clarence Thomas should recuse himself.

And let's not even get started about Alito and Scalia.

So then we'll have a SCOTUS decision on a 3-2 basis. Let's see who's left...Kennedy, Ginsburg, Breyer, Roberts and Sotomayor.

Hmmmm, wonder how that math stacks up for the conservatives now? So, let's keep pushing and stomping like stubborn children on the recusal issue shall we?
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Old 03-26-2012, 11:32 PM
 
Location: SARASOTA, FLORIDA
11,486 posts, read 15,306,908 times
Reputation: 4894
Only a decent honest person would and she is not that kind of person.

She was place in this position on purpose by Obama for exactly this reason.

To help him destroy the constitution.

She needs to remove herself before the people demand it.

She has a bias in this case and needs to step aside.
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Old 03-26-2012, 11:55 PM
 
Location: CHicago, United States
6,933 posts, read 8,493,925 times
Reputation: 3510
When is Justice Thomas going to recuse himself?
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Old 03-26-2012, 11:57 PM
 
1,081 posts, read 916,078 times
Reputation: 551
Quote:
Originally Posted by gomexico View Post
When is Justice Thomas going to recuse himself?
Remind me to send you a picture of me yawning.
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