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MS Fowler 12-13-2011 07:34 AM

Kaga recuses
 
Kagan recuses herself on the AR Immigration case. That is a good, and correct move on her part. She obviously has a history of opinions and arguments supporting the administration on this matter.

OTOH--I can't help but wonder------
Is this a shrewd political move to allow her NOT to recuse on the Health Care case which is also coming before the Supreme Court. Now she, and administration supporters can argue, " She already has shown that she will recuse from cases where she has a conflict of interest. She must not feel any conflict in the Health Care case, so she can certainly remain as Justice in this case."
Maybe such will never be argued, and she will recuse on that case too. Time will tell.

Air&Road 12-13-2011 07:39 AM

Quote:

Originally Posted by MS Fowler (Post 2845928)
Kagan recuses herself on the AR Immigration case. That is a good, and correct move on her part. She obviously has a history of opinions and arguments supporting the administration on this matter.

OTOH--I can't help but wonder------
Is this a shrewd political move to allow her NOT to recuse on the Health Care case which is also coming before the Supreme Court. Now she, and administration supporters can argue, " She already has shown that she will recuse from cases where she has a conflict of interest. She must not feel any conflict in the Health Care case, so she can certainly remain as Justice in this case."
Maybe such will never be argued, and she will recuse on that case too. Time will tell.


That was my first thought too MS. I think if she were to recuse herself on the Obamacare issue, it will be nothing short of a miracle.

MS Fowler 12-13-2011 07:45 AM

Quote:

Originally Posted by LarryBible (Post 2845929)
That was my first thought too MS. I think if she were to recuse herself on the Obamacare issue, it will be nothing short of a miracle.

I really hate being suspicious, but history leads me there. I really haven't seen much "statesmanship" for decades.

Honus 12-13-2011 08:38 AM

If the Arizona case breaks down along partisan lines, then Kagan's recusal probably won't make any difference. If the vote comes out 4-4, then the 9th Circuit's decision against the Arizona bill stands. (I think.)

What would be the basis for Kagan to recuse herself from the health care reform cases?

Botnst 12-13-2011 08:39 AM

"Kaga" was a major Japanese aircraft carrier during WWII, I believe converted from a heavy cruiser to a flattop.

Kagan is a Supreme Court Justice.

Air&Road 12-13-2011 08:43 AM

Quote:

Originally Posted by Honus (Post 2845961)
If the Arizona case breaks down along partisan lines, then Kagan's recusal probably won't make any difference. If the vote comes out 4-4, then the 9th Circuit's decision against the Arizona bill stands. (I think.)

What would be the basis for Kagan to recuse herself from the health care reform cases?


The basis would be derived from her appointer.

elchivito 12-13-2011 09:21 AM

Quote:

Originally Posted by LarryBible (Post 2845966)
The basis would be derived from her appointer.

What?

Should every justice recuse themselves from cases involving an issue the president who appoints them happens to support?

Honus 12-13-2011 09:30 AM

Quote:

Originally Posted by Botnst (Post 2845963)
"Kaga" was a major Japanese aircraft carrier during WWII, I believe converted from a heavy cruiser to a flattop....

A blatant conflict of interest.

Air&Road 12-13-2011 09:56 AM

Quote:

Originally Posted by elchivito (Post 2845984)
What?

Should every justice recuse themselves from cases involving an issue the president who appoints them happens to support?


Of course not! That said, wait and see what happens with her. She had never been a sitting judge. Why would B.O. appoint her if it were not for a master plan?

MTI 12-13-2011 10:02 AM

Quote:

Originally Posted by Botnst (Post 2845963)
"Kaga" was a major Japanese aircraft carrier during WWII, I believe converted from a heavy cruiser to a flattop.

Kagan is a Supreme Court Justice.

"heavy cruiser' . . . hee hee . . . ;)

JollyRoger 12-13-2011 10:08 AM

Quote:

Originally Posted by MS Fowler (Post 2845928)
Kagan recuses herself on the AR Immigration case. That is a good, and correct move on her part. She obviously has a history of opinions and arguments supporting the administration on this matter.

OTOH--I can't help but wonder------
Is this a shrewd political move to allow her NOT to recuse on the Health Care case which is also coming before the Supreme Court. Now she, and administration supporters can argue, " She already has shown that she will recuse from cases where she has a conflict of interest. She must not feel any conflict in the Health Care case, so she can certainly remain as Justice in this case."
Maybe such will never be argued, and she will recuse on that case too. Time will tell.

Since Clarence Thomas's wife is a stooge of the healthcare industry, he can recuse himself first. Since both should, it will make no difference if neither does.

Honus 12-13-2011 10:16 AM

Quote:

Originally Posted by JollyRoger (Post 2846025)
...Since both should...

:confused: Why would Kagan recuse herself from the health care case? I've seen nothing to suggest a basis for recusal.

JollyRoger 12-13-2011 10:38 AM

Right wing talk show "hosts" aka GOP Party Politburo kingpins, are demanding her recusal because she sent Obama an email congratulating him on his passage of The Affordable Care Act, back when she was a lawyer.

MS Fowler 12-13-2011 10:55 AM

Quote:

Originally Posted by Botnst (Post 2845963)
"Kaga" was a major Japanese aircraft carrier during WWII, I believe converted from a heavy cruiser to a flattop.

Kagan is a Supreme Court Justice.

Right on both counts. No edit on thread titles.

MS Fowler 12-13-2011 10:57 AM

Quote:

Originally Posted by JollyRoger (Post 2846025)
Since Clarence Thomas's wife is a stooge of the healthcare industry, he can recuse himself first. Since both should, it will make no difference if neither does.

Where is it written that the views or job of a spouse of a justice are grounds to recuse?


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