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Thread: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Case?

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Quote Originally Posted by DiAnna View Post
    I have to say, having a Supreme Court Justice with a wife who lobbies for a cause that will probably come before SCOTUS for resolution makes me go... *gulp!*
    Well that just makes you dishonest and willing to use any tactic to win.

    Or you could just be worried about possible conflicts of interest...nah, that could never be it.

    Seriously, I honestly think sometimes that conservatives believe that anything is worth doing to get what they want passed or defeated, that they just assume the whole rest of the world is as dishonest and lacking in honor as themselves.
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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Quote Originally Posted by Redress View Post
    Well that just makes you dishonest and willing to use any tactic to win.

    Or you could just be worried about possible conflicts of interest...nah, that could never be it.

    Seriously, I honestly think sometimes that conservatives believe that anything is worth doing to get what they want passed or defeated, that they just assume the whole rest of the world is as dishonest and lacking in honor as themselves.
    Whoa there, back up a step. First, I'm NOT a conservative. I think that the spouse of a Supreme Court Justice should actually NOT be a paid lobbyist for issues which might come up before SCOTUS because, yes, it is a conflict of interest. I honestly do not understand how you could label me as dishonest or lacking in honor. I don't believe Thomas should have ever been confirmed to SCOTUS in the first place... you see, I believed Anita.

    Why have you attacked and insulted me? Seriously, I want to know because I don't understand.

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    One of the reasons the SCOTUS is vetted to the levels they are and given a lifetime appointment is that it is expected that they be above bias. I know...its OBVIOUSLY not the case, with all 9 justices. Thats pretty sad. These should be the best and most unbiased legal minds in the country. When you reach the point you have been selected to the supreme court there should be no recusal.

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Quote Originally Posted by DiAnna View Post
    Whoa there, back up a step. First, I'm NOT a conservative. I think that the spouse of a Supreme Court Justice should actually NOT be a paid lobbyist for issues which might come up before SCOTUS because, yes, it is a conflict of interest. I honestly do not understand how you could label me as dishonest or lacking in honor. I don't believe Thomas should have ever been confirmed to SCOTUS in the first place... you see, I believed Anita.

    Why have you attacked and insulted me? Seriously, I want to know because I don't understand.
    Ive read both your comments...I think maybe you misread Reddress's comments.

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    This thread clearly shows that some Conservatives do not understand what "conflict of interest" is.
    PeteEU

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Quote Originally Posted by VanceMack View Post
    One of the reasons the SCOTUS is vetted to the levels they are and given a lifetime appointment is that it is expected that they be above bias. I know...its OBVIOUSLY not the case, with all 9 justices. Thats pretty sad. These should be the best and most unbiased legal minds in the country. When you reach the point you have been selected to the supreme court there should be no recusal.
    That's an interesting point. However that's an ideal that can't work in reality. Justices will come across cases where the conflict of interest will cast suspicion over their decisions. For example a family member is representing the case say. It's better that judges recuse themselves than leave questions as to their decisions - this should be especially true of the supreme court. But in this case, the Justices' likely decisions are known even before they decide. All 9 of them are bias anyway.

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Given the types of cases the Supreme Court decides and the scopes of the cases, it could be argued that there is a slight evidence of bias in nearly any case they decide. They do argue a lot of cases that affect an aspect of any given American's life after all.

    The idea is that the amount of rigor built into the nomination process is designed to short circuit or at least alleviate the bias process enough so they can make decisions as objectively as possible.

    My opinion is that neither should recuse on this case or that both should. There may be bias what the political sides are going for, but the court itself should not exhibit that bias so I lean towards neither recusing.

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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Quote Originally Posted by Redress View Post
    Well that just makes you dishonest and willing to use any tactic to win.

    Or you could just be worried about possible conflicts of interest...nah, that could never be it.

    Seriously, I honestly think sometimes that conservatives believe that anything is worth doing to get what they want passed or defeated, that they just assume the whole rest of the world is as dishonest and lacking in honor as themselves.
    Irony, you has it.
    You should try to remember, ideas are conveyed by researching information, vetting sources, and confirming said information. Not by regurgitating talking points given to you by your "news" station.
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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    The article said this

    Under federal law, justices have to recuse themselves from cases where they feel a conflict of interest may arise, or if their spouses have a financial stake in the case, but the decision ultimately rests with each justice.
    So this is very much about the rule of law. Spouses of judges, particularly Supreme Court judges, have to be both aware and sensitive to this and must keep vigilant to make sure that they do not cast any shadow of doubt on the rulings of their spouse. Mrs. Thomas appears to have already crossed the line on this issue. She only has herself to blame. If her husband ends up having to disqualify himself, it will be her fault. If that loss ends up deciding the case in favor of the health care law, that will be her fault as well.

    However, Clarence Thomas, is as political as they come. There is no way that he will willingly step down as long as he believes he is one of five needed votes to deliver right wing conservatives a victory on this issue. In the end, he will allow the tarnish of his wife's activities to mar any eventual decision and will not allow it to get in the way of his political and ideological goals. he is well aware that a decision throwing out the health care law will be a line in the history books while his wife's beliefs and activities will be barely a footnote.

    The right wing is only concerned about the ends - the means hardly bother them even if they violate the law.
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    Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

    Quote Originally Posted by haymarket View Post
    The article said this



    So this is very much about the rule of law. Spouses of judges, particularly Supreme Court judges, have to be both aware and sensitive to this and must keep vigilant to make sure that they do not cast any shadow of doubt on the rulings of their spouse. Mrs. Thomas appears to have already crossed the line on this issue. She only has herself to blame. If her husband ends up having to disqualify himself, it will be her fault. If that loss ends up deciding the case in favor of the health care law, that will be her fault as well.

    However, Clarence Thomas, is as political as they come. There is no way that he will willingly step down as long as he believes he is one of five needed votes to deliver right wing conservatives a victory on this issue. In the end, he will allow the tarnish of his wife's activities to mar any eventual decision and will not allow it to get in the way of his political and ideological goals. he is well aware that a decision throwing out the health care law will be a line in the history books while his wife's beliefs and activities will be barely a footnote.

    The right wing is only concerned about the ends - the means hardly bother them even if they violate the law.
    Does anyone really believe that his decision will be "tarnished" by his wife lobbying activities?

    Most of us know that he will vote the conservative way, though in this case, I'm not sure that that means he will find the health insurance unconstitutional, but assuming he would, we know that's his ideaological stance. If his wife lobby for the other side, do you believe that he would vote differently from his ideaological stance?

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