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.