Should Elena Kagan recuse herself?

Discussion in 'Law and Justice System' started by gallantwarrior, Nov 19, 2011.

  1. gallantwarrior
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    gallantwarrior Gold Member

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    Should Elena Kagan be recused from hearing or participating in the upcoming proceedings to determine the Constitutionality of the Obama Health Care Act?

    Her personal and professional participation in crafting this legislation is a matter of record. She served as Obama's Solicitor General and counseled him during the drafting of his Health Care Law. She's on record as being proud and pleased that it passed Congress. According to 28 U.S.C. ยง 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge:

    (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:

    (1) Where he has a personal bias or prejudice concerning a
    party, or personal knowledge of disputed evidentiary facts
    concerning the proceeding;

    (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.
     
  2. Jackson
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    Jackson Gold Member Supporting Member

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    Absolutely.
     
  3. Liability
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    Liability Locked Account. Supporting Member

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    Yes.
     
  4. Liability
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    But WILL she recuse herself?

    Probably not.
     
  5. RetiredGySgt
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    RetiredGySgt Platinum Member

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    According to Jillian Thomas should recuse himself simply because his wife worked for someone involved in the debate. BUT she will insist Kagan should not.
     
  6. kiwiman127
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    kiwiman127 Comfortably Moderate Supporting Member

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    Both Thomas and Kagan should sit this one out.
     
  7. Liability
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    There is no valid reason why Justice Thomas "should" sit it out.

    There is a compelling reason why Justice Kagan should.

    She won't, though, probably.
     
  8. CrusaderFrank
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    CrusaderFrank Diamond Member

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    Absolutely.

    If she doesn't, they should so away with recusal
     
  9. gallantwarrior
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    gallantwarrior Gold Member

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    The Mrs. Thomas allegedly worked for someone involved in this case may be a moot point if the following does not apply. According to the paragraphs below, she would have to have some current interest in the outcome of the case. If she worked for this person previously but does not currently work for them, or has not worked for them for some time, there is no reason why Thomas should be recused from the case, too. Unless his wife would be called as a witness in the case.

    To further cite 28 U.S.C. 455, a judge should recuse himself if:
    (4) He knows that he, individually or as a fiduciary, or his
    spouse or minor child residing in his household, has a financial
    interest in the subject matter in controversy or is a party to
    the proceeding, or any other interest that could be substantially
    affected by the outcome of the proceeding;
    (5) He or his spouse, or a person within the third degree of
    relationship to either of them, or the spouse of such a person:
    (i) Is a party to the proceeding, or an officer, director, or
    trustee of a party;
    (ii) Is acting as a lawyer in the proceeding;
    (iii) Is known by the judge to have an interest that could be
    substantially affected by the outcome of the proceeding;
    (iv) Is to the judge's knowledge likely to be a material
    witness in the proceeding.


    Kagan's involvement is unequivocal and clearly meets the criteria for recusal.
     
  10. CrusaderFrank
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    CrusaderFrank Diamond Member

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    Elaine "I <3 Obamacare" Kagan should recuse herself
     

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