Ta-ta, Justice Kagan!

Discussion in 'Law and Justice System' started by PoliticalChic, Jul 17, 2011.

  1. PoliticalChic
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    PoliticalChic Diamond Member

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    1. The House Judiciary Committee is launching a probe into Supreme Court Justice Elena Kagan’s prior involvement with healthcare reform legislation that could determine she must recuse herself from future high court deliberations on Obamacare.

    When President Barack Obama signed the healthcare bill into law, Kagan was still serving as his solicitor general and was responsible for defending the administration’s position in federal court cases.

    In one series of email exchanges between Kagan and staffers, her top deputy says about legal challengers to Obamacare: “Let’s crush them.”

    A federal law prohibits a Supreme Court justice from judging a case if while in previous government service he or she served as counsel or adviser on the case or expressed an opinion about its merits, CNS News reported.

    The Judiciary Committee investigation follows up on a letter sent by 49 members of the House to House Judiciary Committee Chairman Lamar Smith, R-Texas, and ranking Democrat John Conyers of Michigan on June 24. It called on the committee “to promptly investigate the extent to which U.S. Supreme Court Justice Elena Kagan was involved in preparing a legal defense of the Patient Protection and Affordable Care Act (PPACA) during her tenure as solicitor general.”

    One item released by the DOJ is an email chain showing that on Jan. 8, 2010, then-Solicitor General Kagan assigned her top deputy, Neal Katyal, to handle the expected lawsuits against Obamacare, and that Katyal informed the Associate Attorney General’s office that Kagan “definitely” wanted her office involved in this issue.

    Brian Hauck, the senior counsel to Associate Attorney General Tom Perrelli, emailed Katyal to tell him that Perrelli wanted “to put together a group to get thinking about how to defend against the inevitable challenges to the healthcare proposals that are pending.”

    Katyal replied: “Absolutely right on. Let’s crush them. I’ll speak to [Solicitor General] Elena [Kagan] and designate someone.”
    Kagan instantly assigned Katyal.

    Read more on Newsmax.com: House Probing Kagan's Link to Obamacare
    Important: Do You Support Pres. Obama's Re-Election? Vote Here Now!

    During Kagan’s confirmation hearings in the Senate Judiciary Committee, which began on June 28, 2010, Republicans asked her if she had ever been “asked about your opinion regarding the underlying legal or constitutional issues related to any proposed healthcare legislation … or the underlying legal or constitutional issues related to potential litigation resulting from such legislation.” They also asked her whether she had “ever offered any views or comments” on those subjects.

    Kagan answered both questions: “No.”

    Read more on Newsmax.com: House Probing Kagan's Link to Obamacare


    2. The American ideal is that we are “a nation of laws, not of men,” as John Adams put it.
    I suppose we are about to find out if this is true....
     
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  2. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    :lol:

    Astonishing.

    There were numerous times Scalia should have recused himself..and did not. That should be the standard now.
     
  3. Mad Scientist
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    Mad Scientist Deplorable Gold Supporting Member Supporting Member

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    So shes caught in a lie. If I understand this correctly, Congress can move to "impeach" or remove her from the Court for that? (I'm not holding my breath)
     
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  4. PoliticalChic
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    PoliticalChic Diamond Member

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    Doc, I'm right behind you on (I'm not holding my breath).

    Are we simply cynics, or has history taught us that the elites of both parties pick and choose the laws they'll obey....

    ...sigh.
     
  5. Trajan
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    Trajan conscientia mille testes

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    cue announcer- 3-2-1


    Thomas!!!!!!!!!!!!
     
  6. freedombecki
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    freedombecki Let's go swimmin'! Supporting Member

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    Link, please.
     
  7. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    So, what we have is a republican witch-hunt, fishing expedition, whatever you’d like to call it.

    Not only is there no evidence of wrong-doing, but the investigation is yet to begin. Indeed, the Committee Chairman isn’t even asking for the Justice to recuse herself and the right already has her impeached, tried, and convicted.
    The right apparently doesn’t believe in that ideal, presuming political opponents to be guilty until proven innocent.
     
  8. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    And that's not the issue. The issue is whether or not a Supreme Court Justice can be compelled by Congress to recuse themselves from cases of possible conflict of issues.

    Scalia has presided over cases..most notably Bush v. Gore..where there were clear conflicts of issues.

    So..if this comes to pass..are Scalia's decisions in jeporady as well? Or is it only this particular justice in this particular case. Because there are more coming up that will have the same exact sorts of issues for Judge Thomas as well.
     
  9. chikenwing
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    chikenwing Guest

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    Scalia has presided over cases..most notably Bush v. Gore..where there were clear conflicts of issues.


    How so what were the conflicts?
     
  10. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    Scalia was appointed by Reagan..who's vice President was George HW Bush.

    Scalia is a close personal friend of Dick Cheney..George W. Bush's running mate.

    Scalia's sons were lawyers in firms representing George W. Bush.

    Those three things alone are enough..
     

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