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Sen. Orrin Hatch (R-UT), a member of the Senate Judiciary Committee, said he thought Elena Kagan should recuse herself from any health-care ruling, since she was the Solicitor General for this administration. The Solicitor General argues the government's cases before the Supreme Court.
So would she? NBC's Pete Williams stops by the Boiler Room to provide some context. And what would happen in a 4-4 tie on the Supreme Court?
Thanks to Beverly in Chicago for the question about Justice Sotomayor and if she'll recuse herself. (Pete answers that one, too).
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Edited by Alexandra Moe. Shot by Alexandra Moe and Ali Weinberg.
Leave a Comment:
Good on you, Beverly! Good question. Going to listen to the answer now!
Spanks- y' gonna let Bev steal your thunder? I think you better get picked for 'boiler room', and in a hurry!
WHOO HOO! Congrats GF! *pops champagne*
Welcome to the club!
DBO - screw spanky!
Great question and a great answer by Pete Williams---one of my favorites from NBC.
I would expect Justice Kagan to recuse herself only on cases and matters that she dealt with directly as Solicitor General--and she is on record as saying that does not include HCR. Senator Hatch (himself a lawyer) is being partisan. Don't think he would say the same thing for a Republican-appointed Justice.
Awww, thanks for always thinking of me. It warms my heart to know you all got a bad case of the Spanky.
And no, sadly I am sure that I will never gt picked as I really cannnot concieve of a senario whereby I'd seek an answer to a question I had from a TV personality.
Personally I think you all could do a lot better for yourselves, but hey, if getting the attention is what you crave, then by all means, have at it.
Besides Drive By, you really think this is not something they covered in law school? Oh, wait, nevermind - that was unfair.
Spanky,
They really are worried about you. Wonder why that is. Oh. nevermind I know
So why should Kagan recuse herself when Thomas & Scalia don'tever?
Thomas' wife makes money off of tea partying and opposition to the health care reform is their Number 1 issue. Kagan shouldn't recuse herself unless Thomas does, too.
Not to mention - leaving her tea baggin income off his tax forms... then using ignorance as a defense!
You guys really are funny sometimes. Sure, it may not be intentional, but do keep chirping about stuff you have no understanding of - it make for great entertainment.
Aw, c'mon, Spank- Steve didn't make fun of YOU!
Spanky,
There is noting to understand. We use good old common sense. Thomas and Scalia should recuse themselves before any question of Elena Kagan doing the same.
Also, Good job Beverly.
Job1
Just curious but why would Kennedy and Scalia need to recuse themselves from the HCR case?
I don't think Kagen needs to recuse herself, but she is the only with even the hint of conflict
Alright there Job1 what is your understand of recusal? Are you an attorney? Have you ever sought recusal or filed a pre-emtory challenge?
I'm all for common sense. But there are specific legal principles and ethical cannons involed regarding this issue. From s review of the comments above it does not appear that the commentors are aware of the principles invloved. Unless you are going to tell my Fiesty did in fact go to law school, that Houston practices law, or that Indie Woman is familiar with the code of professional ethics.
Are they? So back to you Job1: compare and contrast Kagan's former role in the Obama Administration with the requirements for impartiality as it relates to the fact that the defendant in the lawsuits is the Federal Gov, which is represented by the DOJ. Is that an actual or ostensible conflict?
The office of the solicitor general is in what department? Hint: it starts with a J.
Spanky
It’s not rocket science. For example, if Thomas’s wife can be so involved with the Tea People, who dislikes the President and the new health law, then doesn’t it make sense that he has no business in making any ruling on HCR? Come on, he most likely hears her complaining everyday and if he was to rule in favor of the President, which want happen, he would catch hell at home.
Also, it doesn’t take a lawyer to figure this out. So, just use some common sense. Okay
Well Job1, by that logic, all of the justices should recuse themselves, just on their political party affiliation. The point your missing is that it's the justice's wife involved in the TP not the justice, so unless his wife is sitting on the bench in his place there is no conflict.
Justices are selected for the supreme court for many reasons. Chief among those should be their ability to objectively hear a case and make a decision based on fact and merit, not personal belief or prejudice.
And for all of you guys complaining about his taxes, maybe should take a hard look at the Presidents cabinet. Something about throwing stones and glass houses and such...
Even if Kagen does not recuse herself, I think the 5 to 4 decision hinges on Justice Kenedy's ruling
I agree Robert - it's all going to come down to Kennedy...
Yes, it all depends on what kind of mood Kennedy is in. It has nothing to do with the Constitution. If Kennedy is in a good mood when he wakes up that morning, he'll vote for the health care reform law. If he's in a grumpy mood, he'll vote to strike down the individual mandate. If he's in a REALLY bad mood, he'll vote to strike down the entire health care act and create chaos in the health care system by yanking coverage from people who have already received it under the law and taking back money from states that have already spent it to implement provisions of the law that are now in effect.
Hatch is blowing smoke, desperately trying to hold off the teabaggers who are after his hide.
So Patrick, given that you find conservatives so stupid how come you live in Utah? Seems like an odd chioce for such a smart guy like yourself. Is it because of the parakeet?
Spanky. Since I have never said conservatives are stupid I will ignore your bait. As to why I live in Utah, that is a silly question, it would be like asking a conservative why they live in New York or California. I have lived in Utah for almost 40 years, it is where my children and grandchildren live, I love the congregation I go to church with, it is a beautiful state with lousy politics. And I have little desire to live anywhere else.
this is going to be a very interesting decision. as an amature wading through decisions,which is fun, the justices have such a gifted concept of the law,trying to predict where they will go to for their reasoning is like 'who' that makes perfect sence in this case when the same justice can completley blow it in a differant area of law, by the publicks reasoning. so to say the rebublican, enemy of doing the good of Christ, will prevail by some federalist pappers is as reliable as Charmin in a rainstorm. so bear it
PS hatch is a hero
btw, any comment from anyone re I think it was dms, (the area that monitors medicare and medicaid, maybe have the initials wrong) the head said that Obamacare was double counting medicare savings. So much for repealing Obamacare would cost 243 billion. CBO scores with info it is provided, not necessarily what is true. Also btw, CBO scored part D as costing 585 billion, reality 345.
I asked the same question a few days ago. I thought that someone asked her that during the confirmation hearings.Does anyone n know?
think she said no.
also, could be wrong on this, but someone asked what would happen if 4-4. Believe would affirm the appellate court ruling. Personally, do not think kagan needs to recuse unless she had any role in the bill. did she advise in her role or did she have absolutely no input.
Why should she ..she as a judge can adhere to the same standards a judge asks all of us to adhere to !
Justice Kennedy makes it 5 to 4 and Obama officially becomes a 4 year looser and embarrassment to this Country. Here's Hillary!
Looser than a gooser.
Thank everyone for the Congratulations. Feisty, BFF I woke up to this and am now in such a celebratory mood, I'm going to but a little Kahulau in my coffee.
I'm so embarrassed, Pete. All I could think about was 4-4. How stupid of me to confuse DADT with the repeal! With all the wrangling that's going on now between the accomplishments and goals the President and the Democrats are trying to do to bring this country into a forward thinking mode, specific names sometimes cloud the mind. I'm glad you understood what I meant and corrected me.
Mark & Domineco thanks for choosing my question. Keep up the work because I have a lot more questions.
Have a nice day everyone.
Correction: I'm going to put a little Kahulau in my coffee.
*CHEERS Bev!*
I'll see you over at the Dew Drop Inn later - first round is on me! ;o)
Orrin Hatch should leave politics altogether. He's bad for Utah and America!!!! Let him burn in hell for his lies over the years. What a Mormon!?!? I know many good,honest ones and he's definately not in their class!!!
Orrin Hatch should leave politics. He's bad for America because he's been caught in so many lies over the years. GOOD MORMON!!!! Not the good character of those I know!!!!!!!!!
Beverly it is Kahlua LOL