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.
No-balls Boner sure won’t.
Nice find. Details are important. Applicable statutory citations have power. Good work.
bflr
She violates the law of aesthetics too.
Woof.
this case is the very definition of conflict of interest for her. She has a vested interest in seeing this case come out one way or another.
Why everyone in the media is not on top of this is just more proof on the pile of evidence of their uselessness.
I’ve been saying this for a year, this election will be as much a referendum on the media as it will be on the horrible job the guy they’ve been protecting and promoting for the past four years.
If there was any integrity in the J schools, they would use the past 12 years as a lesson on what not to do, but I think they’re too far gone.
I spoke at length with my congressman’s Chief of Staff this morning about this. He is quite clear as to it’s importance to me. It is my hope that others will do the same all over this land.
Her participation in this decision is the fault of congressional republicans. They are all letting us down.
The “Che” tattoo is a nice touch ...
“I spoke at length with my congressman’s Chief of Staff this morning about this. He is quite clear as to it’s importance to me. It is my hope that others will do the same all over this land.”
Thanks!!
I wrote to my Congressman; but, I have not spoken to him.
Not a laywer, but not sure if this law applies to Supreme Court Justices... this may be to federal judges. Clearly Kagan has no business hearing this case, but not sure if this law applies.
That may be even better but the KEY is that a great many do something similar!
I’m not a lawyer either but my reading indicates it applies to ANY federal judge.
Again, not saying it doesn’t and clearly Kagan has no business judging this law regardless. However I am not sure if this law directly applies to Supreme Court Justices. I am sure someone here who is an attorney can let us know.
The “Che” tattoo is a nice touch ...
lol; I thought so, too
-— and the putrid stench of corruption surrounding Obama, represented by all of those flies, more numerous than I originally observed. I would have put some on Kagan also.
-—and the repeated hammer & sickle theme on the large campaign buttons and on the three places on the crown.
Clever graphic...
PING = LATER REF
Naturally, the Lord of the Flies would be surrounded by his minions ...
I wondered what authority he might have in this matter.
Obama made four recess appointments when there was no recess. That was allowed to stand too.
We are no longer a nation of laws now. We are a nation of men, and of force. If you have the power to flaut the law, you can do it. If you don’t, then the law doesn’t have to be followed in order to deprive your liberty.
It really is as simple as all of that.
I’m not exactly sure but there is a clear law on the books saying judges MUST recuse if they were defending/involved in presenting a side of a case that eventually makes it to a court they are a judge or justice on. He could clearly require her to recuse on that basis. However they don’t because as “peers” they expect all of them to be self-regulating and know when to recuse themselves. Of course the liberals won’t.
If a republican appointed justice did what Kagan did we’d have lib politicians, and media pundits screaming they must recuse themselves or the ruling means nothing. Violence in the streets. Seriously. But lib justice Kagan doing this, not a peep out of the media or lib politicians.
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