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To: Lurking Libertarian; Hotlanta Mike
"Sotomayor and Kagan both have a conflict of financial interest since they were appointed by BHO Jr. If he is not legit, they are not legit as well. Bye Bye guaranteed lifetime income.

Not so. Because of the de facto officer doctrine, Obama's removal from office would not result in the removal of his appointees. In any event, the Supreme Court denied certiorari in another eligibility case last month or so, and Kagan and Sotomayor did not recuse.

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I'm not so sure your opinion there on the de facto officer doctrine is a 100% shoe in.

"To satisfy the doctrine, the officer must be in the unobstructed possession of the office and discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper."

http://info.libraries.vermont.gov/SUPCT/160/op92-113.txt

Barry has all the "appearance" of being an "intruder" to the office.

117 posted on 12/29/2010 1:22:56 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid
and Kagan and Sotomayor did not recuse.

Does mention of the possibility in a petition amount to a specific request? A specific request would have been better.

153 posted on 12/29/2010 4:35:40 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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