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
“Going into hysterics ....”
LMAO... I don’t do hysterics, that’s your game.
Mrs. Thomas is not on SCOTUS.
And last time I checked Justice Thomas is an independent thinker.
” Justice Thomas has no direct involvement and has not expressed or indicated a preference for either side. “ <<<
Phone GRETA. She disagrees, as did her guest.
I'm confused. Where does that rule invoke a "spouses clause" even when said spouse is not or has not "served in governmental employment."
You rest on the "rule of emotion" rather than the "rule of law".
Phone GRETA. She disagrees with you, as did her guest.
Phone GRETA. She disagrees with you, as did her guest.
Phone GRETA. She disagrees with you, as did her guest.
Kagan was the the solicitor general and was directly involved in the legal defense on behalf of the White House. Apples and oranges. Thomas’s wife has nothing to do with this case. She’s a private person.
Cain is absolutely correct here.
It will be inrteresting to see how this develops.
Move - countermove -
:: Phone GRETA. She disagrees with you, as did her guest ::
I don’t who you are...that -RIGHT THERE- is funny!
Bwahahhahaha
Maybe RitaOK would be more at home with the OWSies or the DUmmies.
Phone GRETA. She disagrees, as did her guest.
You are wrong. There is no need legally or ethically for Thomas to remove himself just because his wife is involved. Nice bashing of Cain, though.
Wow. The 10:00 Fox person disagrees. I guess we are all wrong. I don’t watch Greta, so I am not sure how she is establishing some sort of new precedence.
” Move - countermove - “ <<<
Absolutely. What a titanic struggle ahead on every front.
I was simply surprised that Cain appeared to me as not aware of the same recusal request bubbling against Thomas. He thought he had nailed a “gimmee”, and still may not know what’s up against Thomas.
That federal statute that was quoted in the article, 28 USC 455, says that a justice should recuse themselves if he "...or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person...is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding..." Mrs. Thomas is head of a group lobbying against Obamacare. That could be construed as benefiting from the court striking it down.
It'd probably be best if both Kagin and Thomas recused themselves. However I don't see either one doing so.
” It’d probably be best if both Kagin and Thomas recused themselves. However I don’t see either one doing so. “ <<<
THAT is exactly what was said on GRETA, to my chagrin. I believe no one on this thread heard the discussion that I assumed they had. However, Cain will go silent on this when he finally becomes informed and does learn that Thomas is thought to be also questionable. Kagan is much more obvious, but given we pick nits we can depend on the Democrats to do just that against Thomas. Neither will likely recuse. Who can make them? Greta said the SC bench can not do it. I dunno.
Paragraph b clause 5, section iii. Link
Mrs. Thomas is head of an organization that may benefit if Obamacare is ruled unconstitutional.
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