Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Chief Justice Roberts Defends Kagan, Thomas Hearing Health Care Case
Pat Dollard ^ | 12/31/11 | New York Times

Posted on 12/31/2011 8:24:14 PM PST by Nachum

In the face of a growing controversy over whether two Supreme Court justices should disqualify themselves from the challenge to the 2010 health care overhaul law, Chief Justice John G. Roberts Jr. on Saturday defended the court’s ethical standards.

The chief justice’s comments came in his annual report on the state of the federal judiciary. In it, he made what amounted to a vigorous defense of Justices Clarence Thomas and Elena Kagan, who are facing calls to disqualify themselves from hearing the health care case, which will be argued over three days in late March. He did not, however, mention the justices by name.

“I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” Chief Justice Roberts wrote. “They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”

Federal law requires that judges disqualify themselves when they have a financial interest in a case, have given advice or expressed an opinion “concerning the merits of the particular case” or when their “impartiality might reasonably be questioned.” For lower court judges, such a decision can be reviewed by a higher court, but the Supreme Court has no such review.

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


TOPICS:
KEYWORDS: chief; justice; kagan; obamacare; roberts; scotus; socialisthealthcare; supremecourt
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-74 next last
To: Popman

I was thinking the same thing.

Article doesn’t really say what the headline does.


21 posted on 12/31/2011 9:13:57 PM PST by moonhawk (Romney tucks his tail and licks the hand that beats him. Newt rips it off at the shoulder.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Nachum

If Thomas’ wife were Bawwwwnnnneeeeeyyy Frank, there would be no issue.


22 posted on 12/31/2011 9:17:08 PM PST by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Roberts has children, no?


23 posted on 12/31/2011 9:19:43 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

I think Roberts is gonna turn on conservatism. It’s a pattern. sigh


24 posted on 12/31/2011 9:24:48 PM PST by Havisham
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

KAGAN??? ROBERTS DEFENDS KAGAN?

WHAT A FREAKING (long string of deleted bad words)!!!

I’m sick.


25 posted on 12/31/2011 9:27:34 PM PST by little jeremiah (We will have to go through hell to get out of hell.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: af_vet_1981

Yup, the twin carpet munchers that Zero appointed is just the beginning, if the communist bastard gets re-elected


26 posted on 12/31/2011 9:28:22 PM PST by Quickgun (Second Amendment. The only one you can put your hands on.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Nachum

Kagan is NOT a Supreme Court justice. She is an leftwing activist placed on the SCOTUS by Barry Soetoro.


27 posted on 12/31/2011 9:29:55 PM PST by FlingWingFlyer (Stop BIG Government Greed!!!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

“They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”

This from the guy that swore in the Usurper.

And to think I was so happy when Roberts became Chief Justice. Since 2008 all I want to do is hurl.


28 posted on 12/31/2011 9:33:45 PM PST by Smokeyblue
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
Kagan was directly involved in the creation of Obamacare, (and we have the Emails to prove it). Thomas is married to a woman who is involved in Conservative Politics.

Yeah, those are two equal situations...

29 posted on 12/31/2011 9:35:45 PM PST by Kickass Conservative (Liberals, Useful Idiots Voting for Useless Idiots...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Sons of Liberty

I have believed for almost 3 years there was something in Roberts not tuned to the belief of the Founders. It began when he gave Obama that private in chambers redo of the oath of office instead of taking a few moments and redoing the oath publicly. Is there anyone who besides Roberts and Obama who can honestly, knowingly and validly say how the redo oath was worded. I recall it was done without use the Bible. Either he was a shill or just plain foolish. Too many judges and politicians drink from the same cup as Obama and his enablers.


30 posted on 12/31/2011 9:50:06 PM PST by noinfringers2
[ Post Reply | Private Reply | To 3 | View Replies]

To: noinfringers2

Read Mark Levin’s Men In Black. The Supine Court has always been a cesspool. It has harbored racists, bigots and social engineers since it’s inception. The biggest mistake that can be made is to attribute nobility and character to those occupying the bench. By their fruits and no excuses.


31 posted on 12/31/2011 10:06:14 PM PST by 1malumprohibitum
[ Post Reply | Private Reply | To 30 | View Replies]

To: Nachum

SCOTUS MAKES ME SICK!! THEY are sooooo afraid of Obama they are pitiful! We The People are so screwed!


32 posted on 12/31/2011 10:47:02 PM PST by teletech (Say NO to RINOS!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1malumprohibitum

Three words from the cesspool:

Roe Versus Wade.


33 posted on 12/31/2011 10:48:54 PM PST by huldah1776
[ Post Reply | Private Reply | To 31 | View Replies]

To: Popman

I’m with you. Read the article. I’m just wondering what everyone here thinks he was supposed to say? He’s damned if he does, damned if he doesn’t. If he says Kagan should recuse herself over Obamacare, then he will also have to say Thomas should as well, especially if he wants to maintain impartiality or at least the appearance of it.


34 posted on 12/31/2011 11:37:07 PM PST by rangerwife (Proud wife of a Purple Heart Recipient)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Havisham

I have said from the beginning that they will not overturn Ocare, if the do then they have cost the taxpayer several hundred billion dollars for no reason.

They are implementing the plan as fast as they can, and there will be no undoing it. All in the progressive plan. Politicians have been letting the court take the blame for their progressive agenda for decades, we should be used to it.


35 posted on 12/31/2011 11:50:49 PM PST by itsahoot (Throw them all out! Especially the Frugal Socialists who call themselves Republicans.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: itsahoot

Better to toss a few hundred billion than squander multiple trillions


36 posted on 01/01/2012 12:07:28 AM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
[ Post Reply | Private Reply | To 35 | View Replies]

To: teletech

They are not afraid of Obama, they just happen to agree with his agenda, as all good progressives do.


37 posted on 01/01/2012 12:45:12 AM PST by itsahoot (Throw them all out! Especially the Frugal Socialists who call themselves Republicans.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Havisham; NKP_Vet

Well it’s too early to say that Roberts will turn liberal, or ‘evolve’ as the champions of judicial activism like to say about Republican’s long list of mistaken Sup Court picks. So far he has voted the right way on pretty much everything, including high profile Second Amendment and partial-birth abortion cases.

This sounds more like a case of the top judge defending his club. That may be rather innocent and without much consequence, or it may indicate that while conservative in his jurisprudence, he nonetheless sees the judiciary as somehow superior to the other branches, as if they are on an elevated plain. So we can probably be sure that if for example the idea and practice of judicial supremacy is ever challenged under his watch, he will defend it vigorously. And on that, I would guess the same would be true of the other 3 good judges. Part of the reason why judges like Scalia, Roberts, Thomas, and Alito are superior to the 4 leftwing usurpers and the unpredictable (in a bad way) Kennedy is that they can restrain themselves. They don’t seek to rule the country and impose their beliefs from the bench. But this restraint is voluntary...I have no doubt that all four of the good judges firmly believe that the Sup Court does properly have the final word on all things Constitutional, and that their decisions MUST be obeyed.

Gingrich is dreadful, but I do applaud him for saying he would ignore particularly awful Sup Court decisions. That is the only way that the Constitutionally unsound and unfounded practice of judicial supremacy will ever be successfully challenged. Therefore it will probably never be successfully challenged.


38 posted on 01/01/2012 12:47:48 AM PST by Aetius
[ Post Reply | Private Reply | To 24 | View Replies]

To: HiTech RedNeck

The point is they could have taken this case at anytime but they have put it off until it probably couldn’t be undone if they wanted to, but they don’t want to.


39 posted on 01/01/2012 12:48:30 AM PST by itsahoot (Throw them all out! Especially the Frugal Socialists who call themselves Republicans.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: PieterCasparzen

“If there is a major grassroots revival of conservatism then a SCOTUS may react according to b) if it’s balanced or right-leaning and go along with the idea of reintroducing some limits on government.

IMHO...”

Last seen in the 1920s.


40 posted on 01/01/2012 12:59:25 AM PST by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
[ Post Reply | Private Reply | To 12 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-74 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson