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
Five posts? How much is the big anti-Cain money paying out?
More than the Cain campaign it seems! :p
” 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. “ <<<<
Hells bells, I agree.
Geeminy, blood is on the floor, because I opined that Cain jumped the gun. I said Cain should have been more informed, before he so gallantly whipped out the Kagan recusal mime, while the same criticism is in the air against Justice Thomas, reportedly. The Cain train here, went ballistic. I repeated what was heard on Greta last night. THAT is what you missed. Assuming these thread eaters had seen the show, I made the same points that came up on GRETA and they got attributed to me. Many haven’t been able to recover from such utterances. LOL!
I don’t have a TV, Rita. And you aren’t alone in posting something assuming others will be willing to discuss it like grownups. I’m careful now, and make sure folks understand my position and what I’m trying to debate.
It’s tricky on FR.
LMAO ROFL
If Obamacare is repealed, Mrs Thomas is essentially out of a job. So she has nothing to gain if Mr Thomas rules against Obamacare.
Don't really want to pile on, Rita, but the adverse reaction you're getting is probably based on two factors. First, from the perspective of judicial ethics, there really is a category difference between the independent actions of a spouse versus a Justice having taken a public position on a case before it is heard. The former is a grey area with lots of room to argue the judge can operate independently of his spouse. But with the latter you are asking the judge to act independently of his own expressed bias, which is of course quite impossible. Kagan can't overcome that. Despite the so-called legal experts on TV, I am also an attorney and I can tell you the Kagan argument is several orders of magnitude more difficult to set aside than the Thomas argument.
Second, if someone wants to be the leader of the free world, they need to show leadership. While others waffle and dazzle us with their fancy footwork, Cain must land serious punches now, because so much depends on building momentum and consensus to force Kagan out of the equation. If she flouts this breach of judicial ethics in the face of the American people, she should, at least theoretically, be impeached. In the face of such defiance of judicial protocol, Cain cannot wait around hoping for a better time to weigh in. He cannot wait until it is too late to make a difference on one of the most damaging misdeeds of the Obama administration, because if he did, it would be dereliction of duty on his part. He must act now, while acting can still change things. So he is right both as to substance and as to timing. IMHO.
Gnip
Ping
U nailed it! If Romney gets the nom, we lose .
I’ve wondered if homo orgies are going on in the WH. There are enough of them in the admin to make it happen. YUCK!
I wonder if this has anything to do with Herman getting SS protection.
Obviously. No doubt you think that now that the Congress has passed a law making concealed carry laws portable between states then the NRA can close up shop and go home. It's work is done.
Mrs. Thomas heads a conservative lobbying group. Obamacare is only one of the issues they lobby on, as you would know if you took the time to look up the Liberty Group and what they stand for.
BTTT
Mrs. Thomas did not start her lobbying organization solely to fight Obamacare. If you took the time to actually look up Liberty Central and what they stand for you would see defeating Obamacare is only one of their interests.
I mean Liberty Central and not Liberty Group. My bad.
You miss my point. There is zero similarity between a Kagan recusal and a Thomas recusal. Because, as I said, Thomas does not have a conflict of interest.
You seem to be saying in your post that just because demrat Marxists and/or their propaganda organs make a claim that Cain should not speak the truth. This is PC at its worst. Neither Cain or anyone should be bound by artificial PC constraints.
Secondly, I think your saying that somehow Cain’s speaking the truth was a mistake. Thus, perpetuating the false RINO claims that Cain is gaff prone. Speaking the truth is never a gaff or misspeak.
Cain is refreshing, at least to me, precisely because he isn’t afraid to say what needs to be said. I have no time for people—least of all candidates—who have so little moral core that what they say they believe depends on the particulsr group they’re addressing on any given day.
It is precisely these people who’ve facilitated the left’s usurption of the WH.
Ya know.... If you weren’t so busy slamming people with your keyboard courage, you might have noticed the emoticon (look it up if you need to), which was a wink. And I’ll save you the trouble of looking up what a wink means, by telling you it meant I was kidding.
Does anyone know that Greta is left of center? If she jumped to criticize Cain could it be she is for Obamacare? One can make what they like out of it, but if she criticized Cain’s move against Kagan it does make one wonder!
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