If the Chief Justice cared about the Constitution he'd tell her to recuse herself or tell the House to draw up Articles of Impeachment against her and refuse to seat her until the process was complete. He could then hear the case without her and be done with it, or delay the case until after she was impeached. I say, "after she was impeached" because there's never been a more clear cut case of meeting the criteria the law demands a judge recuse them-self over.
Of course, whether the Chief Justice cares about the Constitution or not is one of the things pretty much up in the air these days given that he ignores a foreign national serving as president or, at the very least, ignores that he was illegally placed on the ballot in a great many states
JMHO
——If the Chief Justice cared about the Constitution he’d tell her to recuse herself or tell the House to draw up Articles of Impeachment against her and refuse to seat her until the process was complete——
Though I agree wholeheartedly.....the only problem is the dems in the House would want Thomas to recuse himself as well under the guise that his wife worked against Obamacare
I know it’s apples and oranges but that old Marxist saying “the ends justify the means” would certainly come into play to keep Kagan on the bench to hear the case
...and the House certainly has no one with the guts to call the deems out and challenge them on their cravenness
We'll see what John Roberts is made of in the next few days. If he doesn't act, then he's a fraud, and we'll have to inundate Congress with appeals to begin impeachment proceedings against Kagan.