Since the spineless Republicans have no way to affect the Court’s deliberations you are looking for the impossible.
Even Thomas Jefferson could not affect the Court to his rage and mortification and he was a heck of a lot smarter than any of today’s politicians.
“Even Thomas Jefferson could not affect the Court to his rage and mortification and he was a heck of a lot smarter than any of today’s politicians.”
Much smarter.
And, of course neither the president nor congress can require a recusal of a S.Ct. justice. However, a conflicted justice should recuse herself sua sponte where her impartiality might reasonably be questioned. It has been more than questioned in Kagan’s case.
Even a writer in the L.A. Times in February was calling for recusal or good reasons why Kagan shouldn’t recuse herself:
“Was Kagan a “counselor or advisor” on the constitutionality of the healthcare act for the administration? This is a substantial question because even though Kagan may not have been directly involved in the administration’s litigation strategy defending the act while she was the head of the solicitor general’s office, her deputy, Neal Katyal, was. It exalts form over substance to suggest that Katyal, had he been named to the Supreme Court, would have to recuse himself but his boss, who knew of and supported his participation, does not.
“But, even that isn’t the point. The litigation is likely to be the highest-profile Supreme Court case since Bush vs. Gore. The court has set the argument for 5½ hours over three days, which is almost unheard of in modern times, and the decision may factor into the presidential election. Yet Roberts tells us just to trust Supreme Court justices to do the right thing, and Kagan doesn’t even offer an explanation for her decision to stay on the case despite a substantial formal motion that she recuse herself. This request for blind allegiance and judicial silence smacks of hubris.”
But just as Obummer has no time for legal niceties, Kagan too is above the rule of law and ethics—they’re hardcore Alinkyites after all, and ensuring a massive federal take-over of health care is too important to take a chance on losing if one has to abide by the Code of Judicial Ethics.
I’m not at all surprised at Fat Girl. I am disppointed that Roberts has not spoken to the issue. Maybe he is afraid it would affect the comity of the court.
In Roberts’ silence, Republican congressman should have been more vocal in my view. However, most have had very little to say about it for some reason.