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

    (CNSNews.com) - On Sunday, March 21, 2010, the day the House of Representatives passed President Barack Obama痴 Patient Protection and Affordable Care Act, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released late Wednesday to the Media Research Center, CNSNews.com's parent organization, and to Judicial Watch.

    的 hear they have the votes, Larry!! Simply amazing, Kagan said to Tribe in one of the emails.

    snip

    According to 28 USC 455, a Supreme Court justice must recuse from 殿ny proceeding in which his impartiality might reasonably be questioned. The law also says a justice must recuse anytime he has 兎xpressed an opinion concerning the merits of the particular case in controversy while he 都erved in governmental employment.

    Kagan to Tribe on Day Obamacare Passed:

    So the question, should Kagan have recused herself from this argument? I say absolutely. What say you all?


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

    I say yet another dogwhistle from talking-point central has been sounded. Hear those Kons howl spookily in unison.
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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
    So the question, should Kagan have recused herself from this argument? I say absolutely. What say you all?

    j-mac
    I would say there's a much better case for Thomas recusing himself, given the fact that he and his wife have profitted to the tune of tens, and possibly hundreds of thousands of dollars from her lobbying efforts to defeat the bill and to repeal it after it passed.

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

    Justices Antonin Scalia and Clarence Thomas, were feted at a dinner co-sponsored by the law firm that will argue the health care law before the high court.

    The lawyer who will stand before the court and argue that the law should be thrown out is likely to be Paul Clement. Clement痴 law firm, Bancroft PLLC, was one of almost two dozen firms that helped sponsor the annual dinner of the Federalist Society.



    Scalia and Thomas dine with healthcare law challengers as court takes case - latimes.com


    Do you think that two conservative Justices being special guests at a dinner with potential participants and known opposition to the law should be cause to recuse themselves?

    The Federalist Society has been around for about 30 years and it is widely known that Scalia is a member. I don't think attending the dinner is going to influence either gentleman on this issue or any other issue from any position they may have held previously. Same for Kagan. Scalia and Thomas are conservatives, Kagan is liberal. Nothing new. Nothing unknown.
    展e just simply don稚 know how to govern - Rep. Steve Womack (R-AR) a member of the House Budget Committee

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

    Quote Originally Posted by AdamT View Post
    I would say there's a much better case for Thomas recusing himself, given the fact that he and his wife have profitted to the tune of tens, and possibly hundreds of thousands of dollars from her lobbying efforts to defeat the bill and to repeal it after it passed.

    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.

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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
    What is about the appearences?

    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
    What is about the appearences?
    What about them? Is that a question? Shouldn't you be just a tad more explicit in order for people to follow what you are saying? I know you like to keep it purposely vague so that you can change, and deny later what is said, or meant, or what ever, but give it a try.

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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
    What about them? Is that a question? Shouldn't you be just a tad more explicit in order for people to follow what you are saying? I know you like to keep it purposely vague so that you can change, and deny later what is said, or meant, or what ever, but give it a try.

    j-mac
    I'm sorry. I didn't realize that the concept of the appearance of impropriety was something you were unfamilar with. It's the idea that if it looks like there may be a conflict, perhaps you should recuse yourself.


    Sometimes, though, even the ethical standard isn't tight enough — we must also avoid the appearance of impropriety. Although some find it frustrating, it's essential in complex societies.

    On the Appearance of Impropriety

    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
    I'm sorry. I didn't realize that the concept of the appearance of impropriety was something you were unfamilar with. It's the idea that if it looks like there may be a conflict, perhaps you should recuse yourself.


    Sometimes, though, even the ethical standard isn't tight enough — we must also avoid the appearance of impropriety. Although some find it frustrating, it's essential in complex societies.

    On the Appearance of Impropriety

    Well now, isn't that convenient for your argument here...Like I said though, I provided a statute, and a link to that statute. Stick to facts and don't sway to appearances when you have argued the exact opposite before, in different matters.

    So, just tell me which standard you believe in, and we can go from there.

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

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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 now, isn't that convenient for your argument here...Like I said though, I provided a statute, and a link to that statute. Stick to facts and don't sway to appearances when you have argued the exact opposite before, in different matters.

    So, just tell me which standard you believe in, and we can go from there.

    j-mac
    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?

    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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