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As Supreme Court justice, Kagan would be forced to sit out some big cases, muddying outcome
AP ^ | June 13, 2010 | MARK SHERMAN

Posted on 06/13/2010 5:30:21 AM PDT by maggief

WASHINGTON — It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.

If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government's decade-old racketeering lawsuit against cigarette makers. That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.

Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.

Without her, the government and anti-tobacco advocates could find it difficult, if not impossible, to find a fifth vote to allow the government to seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking.

(Excerpt) Read more at therepublic.com ...


TOPICS: Culture/Society; Government; News/Current Events
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1 posted on 06/13/2010 5:30:21 AM PDT by maggief
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To: maggief

“seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking”

so what’s the $280 billion ‘for’? Profits = evil therefore taking them = OK?


2 posted on 06/13/2010 5:34:57 AM PDT by chuck_the_tv_out ( <<< click my name: now featuring Freeper classifieds)
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To: maggief
Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.

Considering how many votes Obama missed while "senator," I don't think the Republicans will be bothered by this. They'll vote her right in, no problem.

3 posted on 06/13/2010 5:40:07 AM PDT by Darkwolf377 ("You seem to believe that stupidity is a virtue. Why is that so?"-Flight of the Phoenix)
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To: maggief

As a Supreme Court Justice Kagan would decide which cases she would have to sit out with no one to second guess. She would not even have to assert an ability to be impartial.


4 posted on 06/13/2010 5:40:13 AM PDT by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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To: maggief

Im thinking that Dems putting Kagan on the court is more about bringing the USA down and not justice.


5 posted on 06/13/2010 5:44:22 AM PDT by dalebert
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To: maggief
That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.

Seriously, does anyone think this will stop her?

6 posted on 06/13/2010 5:45:08 AM PDT by MAexile (Bats left, votes right)
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To: chuck_the_tv_out

I know it is off topic but I will never get why the tobacco industry settled.


7 posted on 06/13/2010 5:46:56 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: maggief
As a wise lesbian atheist she can be counted upon to vote the wrong way one hundred percent of the time.
8 posted on 06/13/2010 5:47:45 AM PDT by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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To: Gay State Conservative

Which is why I’ve told both my senators to oppose her- as if thats going to happen-! My senators are farther Left than Lenin-!


9 posted on 06/13/2010 5:51:53 AM PDT by imjimbo (The constitution SHOULD be our "gun permit")
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To: All

http://www.journalgazette.net/article/20100613/NEWS03/306139839

Abortion paper had provision by Kagan


10 posted on 06/13/2010 5:55:50 AM PDT by maggief
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To: maggief

Who can anyone complain to if she does NOT step aside. The President, Congress, the other libs on the Supreme Court?


11 posted on 06/13/2010 6:00:21 AM PDT by XHogPilot (A thief might rob you, but politicians can rob your family for countless generations.)
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To: imjimbo

I’ll call your two senators and raise you Carl Levin and Debbie Stabinaw.


12 posted on 06/13/2010 6:02:55 AM PDT by 70th Division (I love my country but fear my government!)
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To: pnh102
I know it is off topic but I will never get why the tobacco industry settled.

If my experience is any guide, most corporate execs are wimps.

13 posted on 06/13/2010 6:34:27 AM PDT by freespirited (There are a lot of bad Republicans but there are no good Democrats.--Ann Coulter)
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To: maggief

Fine by me if she sits out, but I bet she doesn’t.


14 posted on 06/13/2010 6:55:34 AM PDT by Brilliant
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To: XHogPilot
Who can anyone complain to if she does NOT step aside. The President, Congress, the other libs on the Supreme Court?

This is it, she wouldn't step aside. The left is "in your face", rules mean nothing. And since this is the SCOTUS, there isn't anywhere to go for recourse when the RATS hold the WH and the Congress.

What we need is a "Citizens Arrest" provision where the public could put an issue on a special election ballot with enough signatures to impeach a sitting SC Judge.

15 posted on 06/13/2010 7:26:48 AM PDT by SteamShovel (If the RAT party is for Hippies, the "Tea Party" is for "Teapies".)
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To: 70th Division

Yours stink out loud, but Mikulski and Cardin are horrid as well-!


16 posted on 06/13/2010 9:01:52 AM PDT by imjimbo (The constitution SHOULD be our "gun permit")
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To: imjimbo

OK I call! Debbi is way uglier. LOL Not to mention comb over Karl. LOL We having fun yet?


17 posted on 06/13/2010 9:50:34 AM PDT by 70th Division (I love my country but fear my government!)
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To: maggief; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ..
The list, ping

Let me know if you would like to be on or off the ping list

18 posted on 06/13/2010 10:10:25 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: 70th Division

NO ONE is uglier than Babs-! Sorry-! And Cardin makes my dog howl-!


19 posted on 06/13/2010 1:26:58 PM PDT by imjimbo (The constitution SHOULD be our "gun permit")
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To: imjimbo

Now THAT is funny. I need a little humor in my life. LOL Debbie lives down the street from me. Less than a mile. Now THERE goes my property values.


20 posted on 06/13/2010 1:32:21 PM PDT by 70th Division (I love my country but fear my government!)
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