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Thread: Kagan's recusals take her out of action in many of the Supreme Court's cases

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    Kagan's recusals take her out of action in many of the Supreme Court's cases



    This is dangerous because her not being in place on this many cases could effect decisions because her not being there for this reason, if Kagan recuses herself from a case and the eight remaining justices are deadlocked 4-4 on what ever it is, the ruling by the last appellate court to hear the case before it got to the U.S. Supreme Court automatically stands.

    The knowledge of this fact could actually be used as a tool to control cases that are expected to other wise be overturned.

    I don't mean to create ant doubt but it did come to mind and she does know the system much better than I.

    Just thinking out-loud so to speak. This could never happen, right?



    washingtonpost.com
    Kagan, 50, has recused herself from 25 of the 51 cases the court has accepted so far this term, all as a result of her 14-month tenure as solicitor general, the government's chief legal representative in the Supreme Court and the nation's lower appellate courts.

    The recusals are one measure of how integral the "SG" is to the court's workings. Much of the court's caseload comes from challenges to federal statutes or government policies that the solicitor general must defend. The court also often asks for the government's view on whether a case is ripe for review.

    Kagan is recusing herself from cases in which she had a role in drafting a brief for the Supreme Court, or when she was actively involved in a case in the lower courts. She took herself out of such deliberations when President Obama nominated her last May, so the pace of her recusals should slow as the court over the next few months completes the work of filling the term's docket.

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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    So let me see if I understand this right: recusing herself from cases she has been involved in is somehow "dangerous"? I would argue that it is exactly the right thing for her to do, and that if she did not recuse herself, you would probably be up in arms over that.
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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    The SCOTUS is a conservative majority court and consistently votes 5-4 in most cases. So if Kagen recuses herself then the vote will likely be 5-3 and won't make a bit of difference.

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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    Quote Originally Posted by Redress View Post
    So let me see if I understand this right: recusing herself from cases she has been involved in is somehow "dangerous"? I would argue that it is exactly the right thing for her to do, and that if she did not recuse herself, you would probably be up in arms over that.
    Let me explain something when I said this could be dangerous I was talking about being put on the Court when someone had so many cases that are up for review,and depending on what those cases are about.

    It is not inconceivable that someone who is "Machiavellian" in nature would appoint a specific person Judge who has a large number big cases being looked at for possible review by the Court to insure the right final ruling.

    She may not be there for anything close to something like that but the whole thing is ripe for what came to mind.

    After all politicians see things in systems that can be manipulated to advantage others may overlook because their minds are not in tune to do so.

    I'm not accusing anyone of anything. I'm only making an observation and speculating something that happen not something that did.

    Sorry for any confusion, I created.

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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    This was common knowledge as of a year or two ago, so I'm not sure why it's making headlines now. Kagan had no choice in the matter, as she was expected to recuse herself from all cases she was involved with.

    Quote Originally Posted by Moot View Post
    The SCOTUS is a conservative majority court and consistently votes 5-4 in most cases. So if Kagen recuses herself then the vote will likely be 5-3 and won't make a bit of difference.
    This is incorrect.

    Just 19% of decisions in the last term were 5-4. 47% were 9-0. Of the 16 cases that were 5-4, just 8 were split 5-4 in favor of the conservative majority.

    http://www.scotusblog.com/wp-content...09-0707101.pdf
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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    Quote Originally Posted by Redress View Post
    So let me see if I understand this right: recusing herself from cases she has been involved in is somehow "dangerous"? I would argue that it is exactly the right thing for her to do, and that if she did not recuse herself, you would probably be up in arms over that.
    Shouldn't the smart people that are in charge of the government have foreseen that she would have to recuse herself from all those cases?
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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    Quote Originally Posted by Councilman View Post
    Let me explain something when I said this could be dangerous I was talking about being put on the Court when someone had so many cases that are up for review,and depending on what those cases are about.

    It is not inconceivable that someone who is "Machiavellian" in nature would appoint a specific person Judge who has a large number big cases being looked at for possible review by the Court to insure the right final ruling.

    She may not be there for anything close to something like that but the whole thing is ripe for what came to mind.

    After all politicians see things in systems that can be manipulated to advantage others may overlook because their minds are not in tune to do so.

    I'm not accusing anyone of anything. I'm only making an observation and speculating something that happen not something that did.

    Sorry for any confusion, I created.
    ...because Obama, the appointer, really wanted one less liberal on the court during these particular cases?
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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    Quote Originally Posted by Councilman View Post
    Let me explain something when I said this could be dangerous I was talking about being put on the Court when someone had so many cases that are up for review,and depending on what those cases are about.
    Why? This will only be a problem for the first year until the Court finishes reviewing the current cases. She has her whole life ahead of her to make an impact on the Court.

    Quote Originally Posted by Councilman
    It is not inconceivable that someone who is "Machiavellian" in nature would appoint a specific person Judge who has a large number big cases being looked at for possible review by the Court to insure the right final ruling.
    That doesn't make sense. Presumably she'd rule in ways FAVORABLE to the Obama Administration, so how the hell could he take advantage of her recusing herself?

    Quote Originally Posted by Councilman
    I'm not accusing anyone of anything. I'm only making an observation and speculating something that happen not something that did.

    Sorry for any confusion, I created.
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    Re: Kagan's recusals take her out of action in many of the Supreme Court's cases

    Quote Originally Posted by Councilman View Post


    This is dangerous because her not being in place on this many cases could effect decisions because her not being there for this reason, if Kagan recuses herself from a case and the eight remaining justices are deadlocked 4-4 on what ever it is, the ruling by the last appellate court to hear the case before it got to the U.S. Supreme Court automatically stands.

    The knowledge of this fact could actually be used as a tool to control cases that are expected to other wise be overturned.

    I don't mean to create ant doubt but it did come to mind and she does know the system much better than I.

    Just thinking out-loud so to speak. This could never happen, right?
    This speaks to Kagan's integrity. And if she voted, it would be on the Liberal side. In some of those cases, what would have been 5-4 in favor of the Liberals on the bench becomes 4-4 in favor of Conservatives on the bench. My respect for Kagan has just gone up quite a few notches, since she chose to put ethics above politics, something that is very rarely seen these days.
    Last edited by danarhea; 10-07-10 at 12:50 AM.
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