Kagan Now Recused From 21 Pending Supreme Court Cases

WSJ.com ^ | 09/10/2010 | Ashby Jones

[OldDeckHand]

When President Obama nominated Elena Kagan to the Supreme Court in May, we and many others reported out that she’d likely have to recuse herself from a handful of cases for the upcoming term.

The reason: she was the Solicitor General for the U.S. So she’d be conflicted on a number of cases, having already served as an advocate on many of them.

[OldDeckHand]

I still don't believe she's recused herself from any of the Obamacare suits. I'm not sure if US v. Arizona was filed before or after Kagan left the Solicitor's office.

[BenLurkin]

21 is a “handful”?

[Hoodat]

That’s quite a contrast to Eric Holder who as Attorney General secured the release of almost two dozen Yemeni terrorist suspects who just so happened to be represented by Holder’s law firm.

[Da Coyote]

If she recused herself from all cases which she was incapable of understanding, she’d have to stay at home and play solitaire all day.

Another Obamadiot has been assimilated into the septic mass of the liberal dung pile.

[library user]

She got big dyke hands so, yes, 21 is a handful to her.

[tacticalogic]

21 is a “handful”?

Liberals have big hands. If you don't believe me, try filling one when they hold it out.

[Las Vegas Ron]

What happens if we get 4-4 decisions?

Who is the tiebreaker, Biden or Obama?

[OldDeckHand]

The lower appellate court ruling stands.

[Las Vegas Ron]

Thanks, I was being half fececious in the last post.

This could really be bad news though. Is there a list of the cases she would have to recuse herself from?

[668 - Neighbor of the Beast]

So she’s basically got a ceremonial position on the Supreme Court?
Unless she’s needed to weigh in on the godless liberal side, and then she just unrecuses herself? Is that about the size of it?

[OldDeckHand]

I’m trying to hunt that down right now.

[OldDeckHand]

Ok, here are the two briefs she filed this spring prior to confirmation pledging recusal. I just have to find the complete list for the remaining ten.

http://legaltimes.typepad.com/files/09-658-premo-1.pdf

http://legaltimes.typepad.com/files/los-angeles-09-350.pdf

[sodpoodle]

***Thanks, I was being half fececious in the last post.***

I don’t usually play Aunt spelling Bea....but that really should be facetious. Otherwise it looks as if you are half short of a sheet.

(((((((((tee hee))))))))

[Las Vegas Ron]

LOL...I had omama on my mind so naturally I was thinking feces ;)

[Las Vegas Ron]

Thanks!!

[OldDeckHand]

Here they are...

Henderson v. Shinseki,
Thompson v. North American Stainless,
Gould v. United States, Harrington v. Richter,
Chamber of Commerce v. Whiting,
Virginia Office for Protection and
Advocacy v. Stewart, and
Bruesewitz v. Wyeth
Chamber of Commerce v. Whiting
Premo v. Moore

All bet Chamber of Commerce v. Whiting seem pretty pedestrian. Chamber could be interesting as it has immigration enforcement implications.

[italybub]

She needs to be recused from all cases and replaced !

[Las Vegas Ron]

Thanks again.

Wonder if any of the rest will be eligibility cases?

[Pinetop]

The decision of the lower court stands if there is a split decision by the Court. This is a problem.

[Know et al]

Obumster should have recused himself from USSC appointments.

[Las Vegas Ron]

No doubt, some of the cases in question are listed at #16

[null and void]

http://iheartguts.com/wp-content/uploads/2010/03/alg_31-fingers.jpg

If you have enough fingers, it could be...

[OldDeckHand]

"So she’s basically got a ceremonial position on the Supreme Court?"

Partially. She's recused herself from 25 that are already on the docket. The Court typically hears between 80 and 100 each term. There's a possibility that there could be more recusals in the future, but I wouldn't hold my breath. She'll probably hear at least 60 cases, or more.

[Las Vegas Ron]

Check this one out:

http://www.scotusblog.com/case-files/cases/chamber-of-commerce-of-the-united-states-v-candelaria/

[OldDeckHand]

Thompson v. North American Stainless is a Title VII case. That might be interesting.

Does Title VII create a cause of action for third-party retaliation for persons who did not themselves engage in protect activity?

Gee, I wonder how Kagan would have opined there? /s

Virginia Office for Protection and Advocacy v. Stewart also peaks my curiosity because it's a 11A case.

Issue: Whether the Eleventh Amendment categorically precludes an independent state agency from bringing an action in federal court against state officials for prospective injunctive relief to remedy a violation of federal law.

The rest of them are pretty inside baseball, and probably of not much interest to the casual observer.

[BenLurkin]

Man, that’s gonna be one long game of “this little piggy’!

[Michael Barnes]

Did not know that. Thanks.

[Yaelle]

I think we have a winner for Post of the Day!!!! Excellent!!!

[savedbygrace]

That reminds me of that GEICO spot with the pig riding in the back seat of the car going, “Wee, wee, wee!” Funniest GEICO spot ever.

[savedbygrace]

Here it is:

http://www.youtube.com/watch?v=8F_G2zp-opg

[BenLurkin]

That’s the one!

[null and void]

Man, that’s gonna be one long game of “this little piggy’!

It always took a little longer around the nully household...

[Robert A. Cook, PE]

IF - big “IF” there - she actually recuses herself from any cases coming up in the Court. She is a communist liberal. Why should she be believed if she actually did say she would recuse herself during press interviews and her propaganda showoff trial in the Senate hearings.

And the WSJ is actually merely pointing out that she SHOULD recuse herself as biased in these cases. She is actually 100% biased and has prejudged 100% of the cases coming up between now .. and doomsday. Or her death, whichever is sooner.

[savedbygrace]

I think she calls him Max the first time, but I can’t make out what she calls him the second time.

[BenLurkin]

Maxwell.

[EDINVA]

She resigned as Solicitor General in May; the suit vs. AZ was filed in July.

[savedbygrace]

Ah! Thanks.

[chooseascreennamepat]

“Who is the tiebreaker, Biden or Obama?”

The janitor, Mort. He is more knowledgable than Kagan.

[SunkenCiv]

Thanks OldDeckHand.

[April Lexington]

Thank goodness this fraudulent airhead won’t be voting on important cases for a while... Maybe IMPEACHMENT is in order!

[rockinqsranch]

I believe these 21 to be JUST the ones that made it to the SCOTUS schedule, or dockett if you will.

Wondering how many of her rulings, cases have been, or are going to be challenged in total.

I think her main problem is that her hair grows from within her cranium, NOT her scalp. (That would be Hair-brained to those from Rio Linda.)

[PA-RIVER]

Thats good, she has some time to learn what a Judge is before she writes her first laws as a Judge.

[Larousse2]

Check Out Kagan as Obama's Attorney

[mojitojoe]

[mojitojoe]

[Las Vegas Ron]

LMAO!! Certainly works for me!!

[ridesthemiles]

Great- a ceremonial person built like Buddha sitting on the highest court & getting paid to do nothing. Just great.

[LucyT]

Article, and # 23,

also,

Kagan - As Solicitor General Did She Bar Information about 0bama's Birth?

Check Out Kagan as 0bama’s Attorney:

http://www.supremecourt.gov/search.aspx?Search=Obama++Kagan&type=Supreme-Court=Dockets

[Thanks, anonymous.]

[combat_boots]

I was on vacation this year for the 1st (and probably last) time in almost a decade. There was a pig crossing sign I went past about 10 times. I’d not seen the GEICO ‘piggy’ commercial and have been reminded of that ever since. Now, we have to practically DVR the TV so I can make sure I see it from time to time, just in case I ‘might’ miss it yet again!

Thanks!

[An Old Man]

"What happens if we get 4-4 decisions?"

Is she takes herself out of the fight, it will most likely be 5/3 not 4/4 as you suggest.