Friday, November 18, 2011

Calls for Kagan, Thomas to Recuse

In an earlier post regarding the SCOTUS finally placing Obama Care on the docket, I mentioned there are two justices that should consider recusing themselves from this debate as they had a hand in shaping the bill. I must back-track slightly. Apparently, Justice Sotomayer was really not a part of the debate. I think she might have had a ruling at some point but I can’t seem to locate it. But that alone should not disqualify her as most of the Justices sitting on the SCOTUS have ruled, in lower courts, on matters that have come before the Supreme Court.

Of course, there is a call from the left that Justice Thomas should recuse himself from the arguments because his wife was involved with a lobbying group that is opposed to Obama Care and later started her own lobbying firm. Apparently, the efforts began early this year when it looked likely that the bill was headed to the SCOTUS.

Seventy-four House Democrats, led by New York Rep. Anthony Weiner (pre Wiener-Gate), sent a letter to Justice Clarence Thomas Wednesday (9 Feb, 2011) calling him to sit out deliberations on the Affordable Care Act because of his wife’s ties to a lobbying group that opposes the health care law.

“The appearance of a c conflict of interests merits recusal under federal law,” the letter said. “From what we have already seen, the line between your impartiality and you and your wife’s financial stake in the overturn of the healthcare reform is blurred.” (Source: ABC News)

Of course, this letter did not request that Justice Kegan recuse herself from the hearings even though it had been a point of questioning during her confirmation hearings. If they had really wanted to send a statement to Justice Thomas the letter could have mentioned that Justice Ginsburg has also been involved with cases where her husband has had a financial stake and, to their disappointment, she didn’t step aside.

As for the monetary gain, I do think this might be worth exploring, but not as much as the stake that Justice Kagan might have with the bill. As evidenced by the recently released e-mails, Justice Kagan was a huge supporter of the bill. “I hear they have the votes Larry!! Simply amazing.” Based on those simple words in an email she has already clearly played her hand. Of course she won’t set aside, but maybe she doesn’t need to attend the arguments since she has already clearly stated her position. Maybe there will be a softball game.

If you think she'll step aside don’t hold your breath, you’ll turn blue.


  1. Righty,

    I am NOT getting my shorts in a twist about this. The reality of it is clear; the supremes are bought and paid for. They all should be wearing corporate logos on those black robes. Plus, of course, they are simply criminals to start with because the Constitution says NOTHING about a Supreme Court.

    Doesn't really matter in my mind if (wh)O Care(s)wins or loses. If it wins the economy, such as is left of it, will fall down faster than otherwise.

    We have just lived through the Greatest Mania ever known by man. Past ones only affected a country or two. THIS time it is worldwide. And the collapse will be commensurate with the peak. The Greater Depression will be long, very hard, and horrific, BUT, eventually we will come out the other side. Some of us.

    So in the great grand scheme of things, Obummer's nonsense just doesn't matter.


  2. Winston, I'm not quite ready to conceed we are heading for even more troubles, although events and so forth are certainly stacked against us. If we can get back to what made us a great nation (Individual responsibility and liberty, entrepreneurship, small unintrusive government), I do believe we'll come out of this sooner rather than later, although it will be a struggle. I will agree the outcome of the constitutionality of Obama Care will will go a long way toward determining our future.


    PACNW Righty

  3. I am standing on the Word of God for all this trouble....It was prophecied(not sure spelled right) throughout the Bible that there were wicked people in government offices....and in the Book of Revelation, there are all kinds of warnings and then the, why should all this be a surprise...Maybe this is truly the end of the end times...But the Lord promises Heaven to those who put their trust in His Son Jesus...How wonderful is that? Choose today who you will follow: this government or Jesus..Nothing new under the sun from ages past to present....Just sayin'
    Love from NC