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Thread: Kagan to Tribe on Day Obamacare Passed: 選 Hear They Have the Votes, Larry!! Simply A

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    Re: Kagan to Tribe on Day Obamacare Passed: 選 Hear They Have the Votes, Larry!! Simp

    Quote Originally Posted by Boo Radley View Post
    And I linked what I'm talking about. Do you have the same standard for both, or only the one you don't want to rule. I've called for neither to step aside. You?

    OMG, it is like debating with Pee Wee Herman.


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    Re: Kagan to Tribe on Day Obamacare Passed: 選 Hear They Have the Votes, Larry!! Simp

    Quote Originally Posted by j-mac View Post
    OMG, it is like debating with Pee Wee Herman.


    j-mac
    Your way of saying you can't answer, so you won't. I can link for you a law piece if you like that argues we can be too silly with these efforts to recuse someone. It is what I'm trying to get at. I know like many, you only want to be tol you're right and have in end there. But I prefer a more indepth discussion. It could be we're both wrong.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Kagan to Tribe on Day Obamacare Passed: 選 Hear They Have the Votes, Larry!! Simp

    Quote Originally Posted by Boo Radley View Post
    Your way of saying you can't answer, so you won't. I can link for you a law piece if you like that argues we can be too silly with these efforts to recuse someone. It is what I'm trying to get at. I know like many, you only want to be tol you're right and have in end there. But I prefer a more indepth discussion. It could be we're both wrong.

    Well, that is always possible Joe. Look, I'll tell ya, I think that Kagen should recuse herself due to her predisposition to the case before her, and if she were honest she would do so. I also think that Thomas due to his wifes work has some issues and should bow out. but either both do, or neither....Fair enough?


    j-mac
    Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.

    Alexis de Tocqueville

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    Re: Kagan to Tribe on Day Obamacare Passed: 選 Hear They Have the Votes, Larry!! Simp

    Quote Originally Posted by j-mac View Post
    Well, that is always possible Joe. Look, I'll tell ya, I think that Kagen should recuse herself due to her predisposition to the case before her, and if she were honest she would do so. I also think that Thomas due to his wifes work has some issues and should bow out. but either both do, or neither....Fair enough?


    j-mac
    As that is what I was arguing, yep. We have reached agreement.

    I will, however, add one more thing. To believe that there is even one on any court that doesn't have predispsition to any case is kind of wishful thinking. At best, they should try to keep an open mind. Some are more able to listen dispite leaning a certain way than others, and I'm not all that sure we can tell who just by how well they hide or don't hide their disposition. But the school of law they come from, how they read laws, read the wrokd before them, see the world will influence their view. now, not divorced from the law. They will look at the law. But the law is never as clear as many think it is. It's a mistake many make in believing that words are always read the same by everyone. One of the reasons laws seem so convoluted is because of the effort to try and clarify. But anyone who has given what they think is simple instructions to someone only to see them mess it up knows that nothing can be perfectly clear to anyone.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Kagan to Tribe on Day Obamacare Passed: 選 Hear They Have the Votes, Larry!! Simp

    Quote Originally Posted by j-mac View Post
    Can you show where Justice Thomas had any direct advocacy on the part of the dealings of his wife?

    The statue I listed is pretty clear.

    j-mac
    You're right, the statute IS pretty clear!

    28 U.S.C. ァ 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge

    (a) Any justice, judge, or magistrate judge of the United States
    shall disqualify himself in any proceeding in which his
    impartiality might reasonably be questioned.


    (b) He shall also disqualify himself in the following
    circumstances:


    (1) Where he has a personal bias or prejudice concerning a
    party, or personal knowledge of disputed evidentiary facts
    concerning the proceeding;

    ...

    (4) He knows that he, individually or as a fiduciary, or his
    spouse
    or minor child residing in his household, has a financial
    interest in the subject matter in controversy or in a party to
    the proceeding, or any other interest that could be substantially
    affected by the outcome of the proceeding;


    (5) He or his spouse, or a person within the third degree of
    relationship to either of them, or the spouse of such a person:
    (i) Is a party to the proceeding, or an officer, director, or
    trustee of a party;
    (ii) Is acting as a lawyer in the proceeding;
    (iii) Is known by the judge to have an interest that could be
    substantially affected by the outcome of the proceeding;

    (iv) Is to the judge's knowledge likely to be a material
    witness in the proceeding."

    Leaving aside Thomas' frequent, all-expenses-paid speeches to conservative groups who oppose HCR, there is no question that his makes lots of money lobbying against HCR. Her income, and therefore his income, depends in part on her success in defeating the measure. It's what we call a no brainer.

    There is a far weaker case for Kagan's recusal. Legal Ethicists Throw Cold Water On Latest Attempt To Kick Kagan Off Health Care Case | Media Matters for America

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