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-   -   Should Kagan recuse herself (http://www.peachparts.com/shopforum/off-topic-discussion/308360-should-kagan-recuse-herself.html)

JollyRoger 11-15-2011 01:22 PM

Quote:

Originally Posted by JMela (Post 2828524)
Seems pretty straightforward: "Section 455 of the United States Code (the Judicial Code) captioned "Disqualification of justice, judge, or magistrate judge," provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." The same section also provides that a judge is disqualified "where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding"; when the judge has previously served as a lawyer or witness concerning the same case or has expressed an opinion concerning its outcome; or when the judge or a member of his or her immediate family has a financial interest in the outcome of the proceeding."

I'm sure all the justices will insist they have no personal biases. Of course, you can always appeal that to a higher court.

Honus 11-15-2011 01:43 PM

Quote:

Originally Posted by t walgamuth (Post 2828528)
Having had to file conflict of interest statements as a school board member I doubt that either is required to recuse based on what has been provided here...

I bet that is how it plays out.

I don't know enough about the facts concerning either Kagan or Thomas, but it would probably be best if both recuse themselves. Otherwise, the losing side will say the outcome is tainted, which only erodes public confidence in the Supreme Court.

I fearlessly predict that the vote will be 6-3 in favor of the bill, so neither Kagan nor Thomas will be called upon to cast the deciding vote. Scalia is on record as supporting a broad interpretation of the Commerce Clause, so I say that he will break with his buddies on the right in this case. Roberts, Alito, and Thomas will vote against the bill. The other six will vote for it. That's my story and I sticking to it. So confident am I that I will wager a total of zero dollars on the outcome.

flymehomenow 11-15-2011 05:16 PM

A SCOTUS vote for upholding the commerce bill will all having us all driving electric cars made by government motors. If the Commerce clause goes down the government then can force you to buy what they tell you to buy. Do you want to bring a child into this world and have them start paying for health insurance the day that they are born. Why gut health insurance and delivery to the elderly while covering the illegal aliens who pay nothing. Wow, this is a fair deal!

tbomachines 11-15-2011 06:19 PM

Quote:

Originally Posted by flymehomenow (Post 2828626)
A SCOTUS vote for upholding the commerce bill will all having us all driving electric cars made by government motors. If the Commerce clause goes down the government then can force you to buy what they tell you to buy. Do you want to bring a child into this world and have them start paying for health insurance the day that they are born. Why gut health insurance and delivery to the elderly while covering the illegal aliens who pay nothing. Wow, this is a fair deal!

What :confused::confused:

amosfella 11-15-2011 07:00 PM

I have nothing to gain or lose by anything in this bill... I'm not an American, but I would bet that if you looked at the trust stock protfolios that they're beneficiary to, the 2 judges talked about have something to gain in their ruling... Any investment in the insurance industry should be suspect...

Pooka 11-16-2011 02:47 PM

Can the Federal government make you buy health insurance? Well, they have been doing it since about 1798 or so. Read up on a law titled 'An Act for the Relief of Sick and Disabled Seaman' and see what you think.

The current HCA has been said to be, by some anyway, against what the Founding Fathers would have allowed. Since the 'Act' from 1798 was passed when most of those voting to enact it into law were the Founding Fathers if you are wondering what their views on government run health care were then all you have to do is read up on the Act.

The State of Florida took this Act to court and lost, and this law has been on the books ever since.

Pooka 11-16-2011 02:55 PM

I guess you could buy health insurance on a child from the day they were born if you wanted to, but I cannot understand why anyone would.

Under the HCA they are covered on their parents' or guardians' insurance until they are 25 years of age.

No government can tell you which brand of car to buy, but they can tell you what type of safety features it will have on it and what type of fuel it can burn. It is all a part of that 'promote the general welfare' stuff.

JollyRoger 11-16-2011 03:19 PM

The government can indeed require you to buy insurance. It already does, it's called "Social Security INSURANCE" which is actually originally titled "Old-Age, Survivors, and Disability Insurance". Everyone has to buy it, whether they like or not.

MTI 11-16-2011 03:20 PM

Quote:

Originally Posted by Pooka (Post 2829222)
I guess you could buy health insurance on a child from the day they were born if you wanted to, but I cannot understand why anyone would.

I'm not sure I understand the statement, since quite a few parents immediately have coverage for newborns through their existing health insurance coverage. Coverage for infants and children is nearly a necessity since their use of medical services is fairly high during their early life.

elchivito 11-16-2011 04:51 PM

Quote:

Originally Posted by t walgamuth (Post 2828528)
Having had to file conflict of interest statements as a school board member I doubt that either is required to recuse based on what has been provided here.

I was able to participate in teacher salary negotiations etc. and my wife was a teacher. Had she personally and individually benefitted it would have been different.

Was your wife teaching in the same district you were a board member for? If so, that's interesting. Illegal in AZ. One of our few good laws. :D

Botnst 11-16-2011 09:12 PM

Quote:

Originally Posted by JollyRoger (Post 2829235)
The government can indeed require you to buy insurance. It already does, it's called "Social Security INSURANCE" which is actually originally titled "Old-Age, Survivors, and Disability Insurance". Everyone has to buy it, whether they like or not.

Actually ... there are ways to avoid social security payments.

t walgamuth 11-16-2011 10:22 PM

Quote:

Originally Posted by elchivito (Post 2829320)
Was your wife teaching in the same district you were a board member for? If so, that's interesting. Illegal in AZ. One of our few good laws. :D

Yes.

Air&Road 11-17-2011 07:53 AM

Quote:

Originally Posted by JollyRoger (Post 2829235)
The government can indeed require you to buy insurance. It already does, it's called "Social Security INSURANCE" which is actually originally titled "Old-Age, Survivors, and Disability Insurance". Everyone has to buy it, whether they like or not.


It's not the product of a private company.

MS Fowler 11-17-2011 08:15 AM

Quote:

Originally Posted by JollyRoger (Post 2829235)
The government can indeed require you to buy insurance. It already does, it's called "Social Security INSURANCE" which is actually originally titled "Old-Age, Survivors, and Disability Insurance". Everyone has to buy it, whether they like or not.

Is that true?
Are people that do not work forced to contribute to it?

Honus 11-17-2011 11:36 AM

I took a closer look at the email exchange that Fox is citing in support of their effort to get Kagan to recuse herself. If that's all there is, then I say baloney, there is no basis for her to recuse herself. She received an email from Professor Tribe in which he expressed his optimism that the health care bill would pass. She expressed no preference one way or the other, but simply said, "I hear they have the votes Larry!! Simply amazing..." http://cnsnews.com/sites/default/files/documents/TRIBE-KAGAN%20EMAIL%20EXCHANGE-03-21-10.pdf

Is that it? That's the basis for recusal? If so, then I say baloney to the calls for recusal. Here's the relevant statute:
Quote:

(a) Any justice, judge, or magistrate judge of the United States
shall disqualify himself in any proceeding in which his
impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following
circumstances: ...
(3) Where he has 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 in controversy...

28 U.S.C. § 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge
If that email is enough to disqualify Kagen, then all nine of the justices should have been disqualified in Bush v. Gore. I can't believe that's what the law requires.

All Kagan did was express amazement that Obama/Pelosi/Reid were able to get the votes. I don't see how anyone could really disagree with that statement. It was amazing, especially in the House. Pelosi further cemented herself in history with that one.


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