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Posted on 11/17/2011 12:29:05 PM PST by justsaynomore
Republican presidential candidate and businessman Herman Cain today requested that Supreme Court Justice Elena Kagan recuse herself from the upcoming Supreme Court hearing on Obamacare.
As a political appointee in President Obama’s Justice Department, Justice Kagan strongly advocated for the government takeover of health care and during the bill’s debate, then- Solicitor General Kagan actively supported a government-run system and sent a jubilant email to then-Justice Department colleague Laurence Tribe saying: ““I hear they have the votes, Larry!! Simply amazing.”
“I request that Justice Kagan recuse herself immediately from hearing the Obamacare case,” Cain said. “Members of the highest court in the land should be impartial, strictly follow the Constitution and should not carry water for former employers in the White House.”
According to 28 USC 455, Supreme Court justices must recuse from “any proceeding in which his impartiality might reasonably be questioned” and if they have at any time “expressed an opinion concerning the merits of the particular case in controversy” while he or she “served in governmental employment.”
For More Information: J.D. Gordon, Vice President of Communications Friends of Herman Cain, Inc. media@hermancain.com
Everyone in Washington is not a Supreme Court justice.
Nobody knows what goes on in the Thomas household. But the law is there to prevent any appearance of impropriety or vested interest. Kagan should certainly recuse herself. Thomas probably should as well. But I don't expect either will.
You,, little RitaOK, assumed that Mr. Cain was unaware of Thomas’s possible connection with the case? I am no attorney. Are you? Or do you employ a crystal ball? In that case, you’ve fogged it up good. Justice Thomas will know decide if he should recuse himself or not. But it is common knowledge that Kagan helped author that horrible and I think unconstitutional Obamacare, thus she definitely should recuse herself. Let us hope that the rampant corruption in Washington does not extend to the Supreme Court! You assumed, and you know what they say about assume! :o0)
Kagan is directly connected to Obamacare.
Again I ask is there any evidence to suggest that Thomas is swayed by his wife’s political opinion/activities?
If not than he should not recuse himself.
I am sure that Justice Thomas will recuse himself from the Obamacare case if he would benefit in any way for the decision. Justice Thomas is, as is Mr. Cain, an honest and ethical men.
I would hate to see such a watershed issue decided on the basis of political maneuvering and manipulation of public opinion instead of constitutional principals but if that comes to pass it wouldn't be the first time.
Greta isn't a lawyer, she's a TV talking head. If Greta said she sees a "clear conflict of interest" with Justice Thomas, she's a bigger fool than I thought she was...and she can't read.
Pinganator!
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BREAKING NEWS:
Republican presidential candidate Herman Cain will receive protection from the U.S. Secret Service, sources tell CNN.
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http://www.freerepublic.com/focus/f-news/2809133/posts
Cain Requests That Justice Elena Kagan Recuse Herself from the Supreme Court’s Obamacare Hearing
http://www.freerepublic.com/focus/f-news/2809034/posts
Herman Cain on the Libya Question - I don’t shoot from the lip
http://www.freerepublic.com/focus/f-news/2809014/posts
A Prayer for Herman Cain
http://www.freerepublic.com/focus/f-bloggers/2808957/posts
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http://www.freerepublic.com/focus/f-news/2808829/posts
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http://www.freerepublic.com/focus/f-news/2808751/posts
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http://www.freerepublic.com/focus/f-chat/2809079/posts
Maybe she doesn't practice anymore, but she got her law degree in 1979 from Georgetown, and then taught there as an adjunct professor while practicing as a trial lawyer at state supreme courts and federal appellate courts.
-PJ
True, they’re in positions where they can effect legislation and regulations that make or break fortunes.
So, tell me again about SCOTUS? There is a massive difference between having been Solicitor General for the President who crammed socialized medicine down American’s throats, and the wife of a Supreme Court Justice who, as a citizen, has a right to her own activities.
You and other libs like you can just shove it!
What is it with bull dykes and this administration?
Justice Breyer disagrees with you:
At a recent Aspen Institute conference, Justice Breyer was asked whether Justice Thomas should recuse himself if and when the health care litigation reaches the Supreme Court. The Daily Beast reported on his response:
“This is a false issue,” Breyer said in response to an audience member who posed a hypothetical case loosely fitting Thomas’ situation. “As far as what your wife does or your husband does, I myself try to stick to a certain principle, and feel very strongly about it, that a wife or a husband is an independent person and they make up their own minds what their career is going to be.” . . .
On Wednesday, Breyer suggested that this could be a very bad idea. Noting that federal judges in lower courts are bound by explicit guidelines that Supreme Court justices are not obliged to follow, Breyer said, “The Supreme Court is different in one respect. In every other court, if I decided in a close matter to recuse myself, that’s the easy decision. That’s one fewer case I have to decide, and besides, they’ll bring in somebody else to decide it. If I recuse myself on the Supreme Court, there is no one else and that could switch the result.”
Breyer went on, “My wife happens to be a clinical psychologist at Dana Farber [Medical Center in Boston], and when I get cases involving psychology, I sit in those cases, OK?”
Avaliable at http://volokh.com/2011/07/10/justice-breyer-on-recusal/
Now that’s conservatism you can believe in.
I’m sorry, what did I miss? As far as I know Justice Thomas has no conflct of interest here. His wife’s positions and involvement are her own.
But to play along, please explain why Thomas must recuse himself—according to custom and the law. Please be specific. If you can.
Not bad, 5 posts to attack Cain. Pretty sharp!
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If Mrs. Thomas is head of a lobbying group that is lobbying against Obamacare -
And if Obamacare gets struck down -
Then wouldn't Mrs. Thomas be out of a job, since her mission would be accomplished?
So wouldn't it be in Mrs. Thomas’ best interest for Obamacare to continue — so that she still has something to lobby against?
I'm so confused. ;-)
AND, everyone is assuming Mrs. Thomas would benefit by striking down Obamacare.
But if Obamacare is struck down, then Mrs. Thomas has worked herself out of a job. Mission accomplished - no more Obamacare.
So one could argue that Mrs. Thomas would benefit more by Obamacare NOT being struck down, so that she still has something to lobby against! LOL
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