10 votes

Kagan Headed Defense Team For Obamacare, and She Did Not Recuse Herself! Why?

Kagan Must Recuse Herself from Obamacare Case
By Sen. Jeff Sessions - February 23, 2012 3:09 P.M

As solicitor general of the United States, Justice Elena Kagan served as the head of an office responsible for formulating the Obama administration’s legal defense of its domestic agenda priority — Obamacare. It could be no surprise to President Obama who appointed her to the Supreme Court that any former solicitor general would have many conflicts for years to come. Now, the Court will soon hear a constitutional challenge to the health-care law. Despite mounting evidence of her substantial participation in the administration’s legal defense of that law, she still has not announced whether she will recuse herself from presiding over the case as a justice.

According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.” In United States v. Gipson, the Tenth Circuit held that judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.” Other courts have suggested that, merely by virtue of a lawyer’s position as the head of an office during the preparation of a case, he or she is disqualified to sit as a judge on that case.

More at:
http://www.nationalreview.com/bench-memos/291832/kagan-must-...

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
SteveMT's picture

Wow! The Chief Justice says no problems w/Kagan objectivity,...

and he also is the one who casts the deciding vote.

What about HIS objectivity?
WHO WATCHES THE WATCHMEN???????????

Washington, we have a

Washington, we have a problem.

Maybe there's been some funny business going on under the Supreme Court robes?

You still cling

...to the belief that the rule of law is something other than a platitude.

The rule of law
Democracy
Land of the free
I have rights
The constitution says...

The tyranny is deep and cold dear friends. There is no hope in the district of criminals. NONE. Thank god Ron Paul isn't the President elect. They would kill him.

peAce

Liberty = Responsibility

Is anyone really...

...100% correct that it isn't the reason Rand did what he did? I don't think no one will really know the answer for sure. Anything is possible.

SteveMT's picture

That has also been my fear if Ron Paul becomes the nominee.

He would be taken-out with an untraceable poison, IMO. This seems to be either a Win-Lose or Lose-Lose situation. We and the country lose either way.

Sue! Sue! Sue! Sue! Sue!

Unless you are calling your sister Sue

Unless you are calling your sister Sue, I believe you mean "sooie sooie..."

Resist the temptation to feed the trolls.