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

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

Yes, I'm so sorry. When someone commented that I'd misunderstood, I scrolled up, re-read and went "Ooops!" Unfortunately, I made the comment last night and just logged in a few minutes ago.

My sarcasm detector is in the shop for repairs. I'm seriously helpless without it. :mrgreen:

When I do things like that, I blame it on a lack of caffeine(I do it often enough to have a stock excuse). No worries.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

By any means necessary...... other than by the rule of law I guess.

Why should the politicial ideology of a judges wife concern the court? A judges duty and only authority is to arbitrate "written" law, not inject personal opinion but compare the actual words of the written law with the actual words of the Standard of calibration, in this instance the United States Constitution. Personal opinion has no place at the Supreme Court Level, as these people are supposedly appointed because of their personal knowledge of the land and unbaised professionalism. If he does resuce himself this instance.....that would then force the hand of the court to recuse another Judge, Sotomayor....whose has already ruled in favor of the Law at a lower level and would have a predetermined mindset. Thus, you would still have 4/3 court and not the tie that you are looking for.






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

Why should the politicial ideology of a judges wife concern the court? A judges duty and only authority is to arbitrate "written" law, not inject personal opinion but compare the actual words of the written law with the actual words of the Standard of calibration, in this instance the United States Constitution. Personal opinion has no place at the Supreme Court Level, as these people are supposedly appointed because of their personal knowledge of the land and unbaised professionalism. If he does resuce himself this instance.....that would then force the hand of the court to recuse another Judge, Sotomayor....whose has already ruled in favor of the Law at a lower level and would have a predetermined mindset. Thus, you would still have 4/3 court and not the tie that you are looking for.


KGS

Agreed. Which is why at the the end of the case the we will have the benefit of reading the SCOTUS reasoning for whatever conclusion is reached. The majority/concurring opinion will be presented and contrasted by the dissenting opinion. At that point we can actually have something of substance to debate/bitch about. ;)

The HCB/law is huge and impacts everyone in the country at some level. Personal feeling is that all justices should weigh in on a decision of this magnitude.


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

I've talked to conservative lawyers who say Thomas is an imbecile who shouldn't be deciding any cases.

My guess is that imbeciles dont graduate with honors in English programs, or get accepted into Yale Law School, nor do they graduate from Yale Law School, nor do they carry the positions Judge Thomas has held throughout his career. Imbeciles much more likely fail in law school, if they ever get accepted in the first place.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

Why should the politicial ideology of a judges wife concern the court? A judges duty and only authority is to arbitrate "written" law, not inject personal opinion but compare the actual words of the written law with the actual words of the Standard of calibration, in this instance the United States Constitution. Personal opinion has no place at the Supreme Court Level, as these people are supposedly appointed because of their personal knowledge of the land and unbaised professionalism. If he does resuce himself this instance.....that would then force the hand of the court to recuse another Judge, Sotomayor....whose has already ruled in favor of the Law at a lower level and would have a predetermined mindset. Thus, you would still have 4/3 court and not the tie that you are looking for.






KGS

The question is not her ideology, it is that she has specifically worked for on the issue and derives pay from those opposed to it. I again repeat that I believe Thomas will act appropriately. I also repeat that this is much ado about nothing, and people in congress on either side requesting some one to recuse themselves for perceived bias is not inappropriate.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

I don't think such a recusal is either necessary or desirable in this case.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

I don't think such a recusal is either necessary or desirable in this case.

Code of Conduct for United States Judges Canon 3(C)1(c) requires a federal judges to disqualify themselves when their spouse has a financial interest in the outcome of the case. Seems pretty cut an dry that Thomas is required to recuse himself in the case in question; it is disingenuous or ignorant of the judicial canons to suggest otherwise.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

Code of Conduct for United States Judges Canon 3(C)1(c) requires a federal judges to disqualify themselves when their spouse has a financial interest in the outcome of the case. Seems pretty cut an dry that Thomas is required to recuse himself in the case in question; it is disingenuous or ignorant of the judicial canons to suggest otherwise.

Please clarify the details of how Virginia Thomas will benefit financially based on the outcome of the case.

To some it's not as "cut and dry" as you imply.....


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

Please clarify the details of how Virginia Thomas will benefit financially based on the outcome of the case.

To some it's not as "cut and dry" as you imply.....
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And its not about benefitting from the outcome. Thomas' wife was financially tied to the outcome of this case, so the quoted Code of Conduct is valid in that respect. However, to consider a SC Justice at the same level as a federal judge is a mistake. If Thomas and Kagan find themselves in a position that they cannot be impartial, they should recuse themselves. Kagan did not, but Thomas did, end of story.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

Judge Thomas's wife will make billions if this get's overturned, duh. It's so obvious, I like read that ona blog or a tweet or something.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

And its not about benefitting from the outcome. Thomas' wife was financially tied to the outcome of this case, so the quoted Code of Conduct is valid in that respect. However, to consider a SC Justice at the same level as a federal judge is a mistake. If Thomas and Kagan find themselves in a position that they cannot be impartial, they should recuse themselves. Kagan did not, but Thomas did, end of story.

Uhhh, still only platitudes. Throw me a bone here.

Explicitly how will the outcome of the case directly benefit her financially....???


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

Uhhh, still only platitudes. Throw me a bone here.

Explicitly how will the outcome of the case directly benefit her financially....???
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I don't need to explicitly explain how, because the correlation between the decision in this case and her finances is established because she formed a firm which lobbies against this bill.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

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

Yes they both should be sitting this one out. Justice Kagan more than likely will recuse herself, as she has done in the past. Justice Thomas is a different story.

Twenty-one years of violating government ethics laws? NO PROBLIM for Justice Clarence Thomas, calling his falsification of his wife’s employment status on the conflict-of-interest forms a “misunderstanding of the filing instructions". FOR TWENTY ONE YEARS?:roll: Thats a bit of a stretch even for a Scalia clone.
 
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.

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

Yes they both should be sitting this one out. Justice Kagan more than likely will recuse herself, as she has done in the past. Justice Thomas is a different story.

Twenty-one years of violating government ethics laws? NO PROBLIM for Justice Clarence Thomas, calling his falsification of his wife’s employment status on the conflict-of-interest forms a “misunderstanding of the filing instructions". FOR TWENTY ONE YEARS?:roll: Thats a bit of a stretch even for a Scalia clone.

Possibly the dumbest guy (or prehaps just a guy with very, very low integrity) ever to take a seat on the court.....
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

I don't need to explicitly explain how, because the correlation between the decision in this case and her finances is established because she formed a firm which lobbies against this bill.

Yes, he is basically sleeping with a lobbyist.... or, look at it another way, given that the lion's share of his household income comes from a company that has a horse in the game, he is a de facto lobbyist.
 
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Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

Possibly the dumbest guy (or prehaps just a guy with very, very low integrity) ever to take a seat on the court.....

That comment is racist. Perhaps you feel the same way as the mob demonstrating at the Koch event a few weeks ago and believe Thomas should be sent back to the fields. Is that right ?
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

That comment is racist. Perhaps you feel the same way as the mob demonstrating at the Koch event a few weeks ago and believe Thomas should be sent back to the fields. Is that right ?

(racist....???)


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

sure you have. My former roommate from college has argued several cases before the USSC and he says otherwise. He also was the acting US AG. I suspect you are lying.

If you're a rightwing SCJ, you should recuse yourself because YOU MIGHT VOTE AGAINST IT.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

Yes, he is basically sleeping with a lobbyist.... or, look at it another way, given that the lion's share of his household income comes from a company that has a horse in the game, he is a de facto lobbyist.

Excellent point. Which is why most spouses in this situation go out of their way to avoid even an appearance of putting their spouse in a conflict of interest. But Virginia Thomas has endangered her husbands career and it is only her fault.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

(racist....???)


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You bet.... calling a black man dumb is a racist stereotypical statement.

It must be since no one can say the same about Obama without being called racist.
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

(racist....???)


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Absolutely, and in case some haven't seen it in here yet, check the oh so tolerant libs at the Koch event....




N-I-C-E!!!!


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

That comment is racist. Perhaps you feel the same way as the mob demonstrating at the Koch event a few weeks ago and believe Thomas should be sent back to the fields. Is that right ?

Guess what? There are intellectual lightweights in all shapes, sizes, colors, creeds and nationalities. Sorry, but a Supreme Court justice that never asks a question of the litigants, never says anything in court, never authors an opinion is a light-weight.
 
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Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

Guess what? There are intellectual lightweights in all shapes, sizes, colors, creeds and nationalities. Sorry, but a Supreme Court justice that never asks a question of the litigants, never says anything in court, never authors an opinion is a light-weight.

never? Really, and I am sure that a some search will prove you right?
 
Re: Should Supreme Court Justices Clarence Thomas, Elena Kagan Sit Out Health Care Ca

never? Really, and I am sure that a some search will prove you right?

Maybe not never, but it has been a while.

A week from Tuesday, when the Supreme Court returns from its midwinter break and hears arguments in two criminal cases, it will have been five years since Justice Clarence Thomas has spoken during a court argument.
[...]
In the past 40 years, no other justice has gone an entire term, much less five, without speaking at least once during arguments, according to Timothy R. Johnson, a professor of political science at the University of Minnesota.


http://www.nytimes.com/2011/02/13/us/13thomas.html?_r=2&hp
 
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