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Obviously Kagan must recuse herself

Discussion in 'Political Discussion' started by Wolfpack, Nov 15, 2011.

  1. Wolfpack

    Wolfpack Banned

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    As anyone with an IQ north of 40 can plainly see, Kagan must recuse herself from the upcoming USSC case on Obama’s health care law.

    Kagan to Tribe on Day Obamacare Passed:

    According to 28 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”

    That’s 100% clear cut, no room for debate whatsoever. Now let’s all watch how this forum’s liberals hijack my thread about Elena Kagan and try and turn it into one about Clarance Thomas, even though he’s got nothing whatsoever to do with the matter at hand.
  2. patsfan13

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    Kagan won't reuse herself libs don't have to abide by ethical standards. They will whine about another justice's wife.....
  3. chicowalker

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    Where do you draw the line about where "impartiality might reasonably be questioned"?

    Given the clearly ideological bents most of the justices have, I would think the same claim could be made about many, if not most, cases.

    As for expressing an opinion, that refers specifically to the particular case. Her emails to Tribe were not about the case, they were about the law. Has there been precedent to interpret the two as the same?
  4. chicowalker

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    just like some pubbies here have no ethical standards when it comes to their own partisan favorites
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    I think she will do the right thing ... this is just political crap.
  6. patsfan13

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    In her case memos indicate as solicitor she was involved in crafting the legislation and advising the administration on how to proceed legally. This is a direct conflict of interest. Haveing a judicial outlook is not a conflict of interest if it was none of the justices could rule on anything.
  7. patsfan13

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    I'll bet she will not recuse herself.
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    Bwahahaha. I feel like this quote is going to prove most useful.
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  10. chicowalker

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    It certainly sounds like one, but it isn't clear from the letter of the law. The law involves interpretataion and judgment, which is why I asked about precedent.


    I agree, which is why I asked where the line should be drawn re. "impartiality might reasonably be questioned."

    ----------

    Personally, I think she should recuse herself.

    Of course, I also think Thomas should recuse himself. I'm not sure how you can differentiate between the two.
  11. DarrylS

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    She already said she should.. she understands ethics and how sacred it it to avoid any "appearance of impropriety".. know the blogs have their depends in a bunch about this, but it is a nontroversy..
  12. Wolfpack

    Wolfpack Banned

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    I haven't heard any reports of her agreeing that she should recuse herself. Do you have a link to any such article? I would be interested in reading exactly what it was she said.
  13. DarrylS

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    Remember hearing about it in the past, there is no gray area here to further explanation needed.. either you recuse yourself or do not..

    Hopefully Clarence abides by the same rules to avoid an "appearance of impropriety".
  14. Wolfpack

    Wolfpack Banned

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    I'm afraid I'm going to have to call bullcrap on this one. If she did indeed make such a statement, it would be huge news. Not something you "remembered hearing in the past" with absolutely no supporting evidence.
    When I started this thread and said the liberals would hijack it and try to turn a thread about Elena Kagan into a thread about Clarance Thomas, it was you I had in mind Darryl.

    Nice to see you're still just as easily predictable as always.
    Last edited: Nov 15, 2011
  15. DarrylS

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    If you were an officer of the court, like you claim you are, you would understand.. but you are a fraudulent liar. So discussing this further is like pearls to swine.

    The right seems to think that an appearance of impropriety only applies to the left, all the while Ginny has profited from and advocates for repeal of this law.. that is one of the negative by products of being on the federal judiciary. But this is way to complicated for an faux officer of the court.

    Code of Conduct for United States Judges

    (
    If you were an officer of the court, you would see every day lawyers recusing themselves over similar situations.. but this once again proves that you lied about your station in life.
  16. Wolfpack

    Wolfpack Banned

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    I said I worked in the legal profession (and, in the interest of further clarity, please be aware I am employing the past tense when I say "worked"). Your poor reading comprehension abilities inferred that meant I was an officer of the court. I've tried telling you that "having worked in the legal profession" =/= "being an officer of the court" but obviously that didn't sink in. You're using terminology when you obviously have no clue what it means.

    All you're trying to do is redirect off your bullcrap statement that Kagan already said she should be recused. I called you out on it and instead of being a man and admitting you made a mistake, you are just throwing out personal attacks like you always do.
    Could a moderator please give an infraction to Darryl and ban him from this thread, since all he is interested in doing is throwing around personal attacks?

    Some of us are trying to have an intelligent discussion but all Darryl is interested in doing is calling people names and throwing around personal attacks. It doesn't bother me that you're not smart enough to understand the mean of the term "officer of the court". But please refrain from personal attacks as they are against the rules of this forum.
    Last edited: Nov 15, 2011
  17. DarrylS

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    You are a very silly person.. if you worked for the court you would understand this..

    Like I said pearls to swine...

    BTW here is what you said.. innumerable times is a lot of times.. unless this is a lie.

    Last edited: Nov 15, 2011
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  19. Wolfpack

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    Darryl, I know you're not smart enough to understand what I am saying but you're going to have to take my word for it: Just because someone works in the legal profession doesn't mean they "work for the court" or are an "officer of the court."

    Now I don't mind that you're using terms improperly. I accept that as one of your many intellectual shortcomings so I just grin and bear it. But your inability to understand these terms does not mean I am lying. So all you do is throw out your personal attacks which it seems liberals are allowed to do in this forum.

    Where did Kagan say she should recuse herself? Or did you simply make that up? It's interesting that that story, which would be huge news, is something every member of this forum except you seems to have missed.
    Last edited: Nov 15, 2011
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