Onyx, I am ignorant as to the rules / inner workings of the Supreme Court, hence my question:
Can Judge Roberts force Kagan to recuse herself; can he bar her from the hearings???
Thanks
I’m not a lawyer, but I think he could have raised a fuss and allowed for or made a case for her recusal since she participated in the writing of some parts of the bill and also was privy to talks about it in the White House.
He already explicitly said months ago that he would not ask Kagan to recuse.
There is no way that the Chief Justice would make any demands at all that Kagan recuse herself. She would be counted on for the integrity that it takes to make that decision herself. In the long run, if a single justice had begged out, it would not make any difference at all as to the fate of the bill since a 4-4 decision would leave it totally in place.
“Can Judge Roberts force Kagan to recuse herself; can he bar her from the hearings???”
I think that’s Congress’ job...Congress can impeach her...and IMHO, should. This sort of an issue is PRECISELY why Congress has that power.