Posted on 03/29/2012 7:11:42 PM PDT by Bigun
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.”
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.
Just tossing this out there... What if she waits until the conference vote on Friday, and as the most junior (?) Justice she votes last, she says, “Because of my involvement in the administration’s construction of the law, I am recusing myself.”
I almost think she may do this, especially if she sees that the vote is going clearly either for or against Obamacare, and that her vote isn’t needed. If all the other justices’ votes show a clear decision for or against the bill, she can recuse herself, saving her loss of legitimacy for another day and showing that she isn’t what we all think she is.
If, however, the vote is tied, I fully expect she will vote to save the bill, and ethics be damned; thus, our opinion about her will be proven.
that made me snort so hard I believe I’ll have a nosebleed. Congressional Geldings...... new name for Republicans; how apt.
”To late!
She has already actively participated in oral arguments and needs to have articles of impeachment drawn up against her RIGHT FREEKING NOW!
What legal recourse is there against a SC justice? Anyone know?
Because politicians - Democrat and Republicans - care more about their jobs than about our country.
Yes! Impeachment for high crimes and misdemeanors!
Congressman Alcee Hastings form South Florida was once a federal judge but was impeached for taking bribes. I can and should be done in this case as well!
Then we very definitely need some new politicians!
Agree - wonder if anyone has the cojones to actually start the process....
I doubt it unless WE stand up on our hind legs like MEN and DEMAND that it happen!
Exactly!
“who can force her to do what’s right?”
Congress.
“What legal recourse is there against a SC justice? Anyone know?”
It’s called “impeachment.”
If Republicans get a significant majority in Congress she should be impeached. But were that to occur, would the leadership have the stones to do it? Heck no.
MISTRIAL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Where is John Roberts on this? He should read the law to the stupid liberal.
Bump.....
Appointed by the first black President. Who is going to vote impeachment? Nobody.
Roberts could force her to recuse.
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