Justice Elena Kagan - Recuses Herself (health care, education, states, federal)

[mmmjv]

Originally Posted by Cavaturaccioli

Thank G-d.

In other words you favor the double standard and integrity doesn't mean **** to you unless only one side practices it

[mmmjv]

Originally Posted by Wapasha

Kagan is not recusing herself because of the views of a family member, which is what the left thinks Justice Thomas is supposed to do.

Working as an advocate for the president, whose signature legislation, and highest priority for two years, was passing 0bamaCare, is not even in the same ballpark of whether or not Thomas' wife has her own opinion on national issues.

It goes way way way beyond the "views" of his wife. It's not just her having her own opinion

Besides the cons are claiming that Kagan should recuse herself because she "came out in favor of Obamacare" what the hell is the difference?

[mmmjv]

Originally Posted by sanrene

She announced her recusal as the court said they would take the case.

She didn't do the same when they said they'd take obamacare.

She will have to be FORCED to recuse herself in that case, because obviously she won't do it willingly, even though ALL the evidence points to her bias and involvement in setting up a defense for the law while SG for obama.

She can't be FORCED to recuse herself

[desertdetroiter]

Originally Posted by sanrene

I didn't know his wife sat on SCOTUS.

HE is NOT required to recuse himself, Kagan IS.

His wife does sit on SCOTUS. Her name is Clarence Thomas.

[GreenGene]

Originally Posted by Wapasha

The Supreme Court announced Monday it will take the case of Arizona’s tough immigration crackdown law, adding yet another contentious clash between the Obama administration and the states to its docket

In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case. She was the administration’s solicitor general before joining the court in August 2010.

It's not surprising that Justice Kagan recused herself from this case. It's also not news.

Kagan Recused From Pending Supreme Court Cases : NPR - Sept. 29, 2010.

The Supreme Court's newest justice will be participating in fewer cases than most new justices. That's because prior to Elena Kagan's appointment, she served as the government's chief advocate in the Supreme Court. As a result, she already has recused herself from more than 20 cases.

And,

SHAPIRO: What are the rules about when a justice is supposed to recuse herself?

TOTENBERG: Well, Justice Kagan said, at her confirmation hearing, that she would look to the letter and spirit of the code of judicial conduct, and the code is fairly straightforward. She should not participate in any case if she worked on it as a lawyer.

SHAPIRO: So, what does that phrase worked on it mean?

TOTENBERG: Well, according to ethics experts, it means not only signing briefs, it means editing them, participating in discussions about what position the government should take in any given case. But, if a case is being worked on in her office by other lawyers and she hadn't yet worked on it herself, then she doesn't have to recuse.

And just to be clear here: because there are thousands of government appeals in the pipeline all the time, the solicitor general often doesn't have anything to do with a case until just days before the briefs are actually filed.

And especially relevant to today's "news",

This term, for example, there's a case in which the Chamber of Commerce is challenging an Arizona immigration law. And I know that Solicitor General Kagan met with outside lawyers to discuss this. So, even though the government filed this brief after she left that office, she's recused herself.

[steven_h]

Originally Posted by florida.bob

Because you don't want to acknowledge the relationship, does not mean there is no relationship.

Another post reinforcing the premise of my original thought. Thank you .bob, I can always count on you bro.

[steven_h]

Originally Posted by sanrene

I didn't know his wife sat on SCOTUS.

HE is NOT required to recuse himself, Kagan IS.

You can keep trying, unfortunately; facts are just an ignorable inconvenience to some.

or you'll get

Originally Posted by desertdetroiter

His wife does sit on SCOTUS. Her name is Clarence Thomas.

where meaningful points are replaced with ???

[Wapasha]

Originally Posted by Mircea

Uh, wut? She wanted to make it a crime to suggest a government conspiracy.

We covered that pretty extensively here on C-D. I guess you missed it.

So provide a link, or did you just want to be snarky?

[rogerbacon]

I think she did it so she could deflect calls to recuse herself frm the big one (Obamacare). She'll be able to say, "Look I recused myself when there was a conflict but that's not the case on this issue". The statists are giving up a skirmish to try and win a bigger battle down the road.

[Quick Enough]

I read it differently, "In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case.

To me it says she is NOT going to be involved in the DECISION to take the case, NOT to recluse her self from the case itself if it is decided the Court will take the case.