Was Kagan right to recuse?

Discussion in 'Politics' started by healthmyths, Dec 12, 2011.

  1. healthmyths
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    healthmyths Gold Member Supporting Member

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    In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case.


    Justice Kagan has come under fire for not recusing herself from the decision to hear challenges to the new health care law.

    She was Mr. Obama’s solicitor general from March 2009 up through May 2010, though she stopped taking part in cases in March 2010 so she would preserve her ability to hear them as a justice.

    The health care law was signed in March 2010. Arizona’s immigration law passed in April 2010.
    http://www.washingtontimes.com/news/2011/dec/12/supreme-court-will-hear-arizona-immigration-law-ca/


    So what is the difference between the immigration bill and Obamacare?
    Someone care to explain why she recused from immigration but not Obamacare both of which she worked on!
     
    Last edited: Dec 12, 2011
  2. Inthemiddle
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    Inthemiddle BANNED

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    Do you know what the solicitor general does? He/she represents the federal government before the Supreme Court and handles related matters. Kagan would have been involved in the lawsuit in question, and so she is now recusing herself. If you were someone's lawyer in a case, you should not become a judge for the case.
     
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  3. Conservative
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    Conservative Type 40

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    She was also involved/expressed opinions on, Obamacare. She should recuse herself from hearing that case as well.
     
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  4. healthmyths
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    healthmyths Gold Member Supporting Member

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    And that was my point!
    Why recuse from AZ case but not Obamacare both of which she built cases for to represent to the SCOTUS as SG!

    So again.. why one and not the other?
    I KNOW but would like to see if others can based on the evidence come to my same conclusion!
     
  5. grunt11b
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    grunt11b VIP Member

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    She recused herself from this one so it doesn't look so bad when she refuses to recuse herself for the healthcare law. Smoke and mirrors, smoke and mirrors. She should stay in this one and then recuse herself from the healthcare law that she helped craft a defense for, that would be the right thing to do.
     
  6. imbalance
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    imbalance Silver Member

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    If she has indeed recused herself then my hat's off to her and I have a newfound glimmer of hope in our three branches of government.
     
  7. Sallow
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    Sallow The Big Bad Wolf. Supporting Member

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    Why exactly?

    And Scalia should have recused himself from several cases..including Gore v. Bush..for numerous reasons.

    That was not done. And Supreme Court justices are under no obligation to recuse. It's more of an "Honor system."
     
  8. Zander
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    Zander Platinum Member

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    She may have recused herself from the AZ case so that her refusal to recuse from the far more important "Obamacare" case, would be viewed more favorably by the public. If so, it's a brilliant PR move.

    We'll see what happens....Personally, I think she needs to recuse from both cases.
     
  9. dblack
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    dblack Gold Member

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    So what's your theory?
     
  10. 8537
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    8537 Senior Member

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    By this line of "reasoning", Justice Thomas should clearly recuse himself from the health care reform case.
     

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