View Poll Results: Should Kagan recuse herself

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Thread: Should Kagan recuse herself from the BOCare case?

  1. #31
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by conservativeguy View Post
    Do you realize the moron heading up that bogus demand was the infamous Representative Anthony Weiner? Try to pick a better spokesperson when discussing things like morality and ethics.
    What does that have anything to do with the issue at hand? Doesn't matter who headed because it had merit. The issue was about kagan or thomas having to recuse themselves.

  2. #32
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Aunt Spiker View Post
    Now it's a question of their marital finances?
    It's always been about personal gain and impartiality.



    I'm stay at home mom - that doesn't mean that I have to support or DO (even) support all pro-military measures that send him off to war for the sake of a bigger paycheck.
    Whether or not you are a stay at home mom is 100% irrelevant to the issue. How much a person concurs politically with their spouse is also 100% irrelevant to the issue.

    What is relevant to the issue is whether or not is is reasonable to question the impartiality of someone who stands to receive or has already received personal financial gain, whether directly or vicariously through a spouse, based on an issue.

    I can think and function independently of my spouse - if Clarence Thomas holds a view it might be just that he holds that view regardless of what SHE does in her life. You shouldn't chastise or punish people for who they're married to.
    Expecting him to act ethically in this situation is not a chastisement or punishment by any stretch of the imagination.

  3. #33
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by 99percenter View Post
    Thomas should not have been put in because of his treatment of women.
    Quote Originally Posted by 99percenter View Post
    What does that have anything to do with the issue at hand? Doesn't matter who headed because it had merit. The issue was about kagan or thomas having to recuse themselves.
    You can't make this stuff up.
    "There is an excellent correlation between giving society what it wants and making money, and almost no correlation between the desire to make money and how much money one makes." ~Dalio

  4. #34
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post
    Due to their marriage, if she benefits economically, so does he. Someone's spouse certainly does matter.
    Here's the catch. Thomas is a constructionist who has demonstrated an ability to render decisions based on historical constitutional interpretations, Kagen is a largely untested judge who has written in support of the case she is hearing, thus she is more suspect than Thomas. I think she should recuse and I don't think Thomas would be swayed.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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  5. #35
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by LaMidRighter View Post
    Here's the catch. Thomas is a constructionist who has demonstrated an ability to render decisions based on historical constitutional interpretations, Kagen is a largely untested judge who has written in support of the case she is hearing, thus she is more suspect than Thomas. I think she should recuse and I don't think Thomas would be swayed.
    We don't ask judges to recuse themselves because of personal opinions about their interpretive habits, at least not at the Supreme Court. We ask them based on their association with incriminating circumstances.
    Last edited by Morality Games; 11-15-11 at 03:08 PM.
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  6. #36
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Morality Games View Post
    We don't ask judges to recuse themselves because of personal opinions about their interpretive habits, at least not at the Supreme Court. We ask them based on their association with incriminating circumstances.
    Only when there is a question. I don't think there is a question of sway from Thomas but there is a HUGE red flag around Kagen.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by LaMidRighter View Post
    Here's the catch. Thomas is a constructionist who has demonstrated an ability to render decisions based on historical constitutional interpretations, Kagen is a largely untested judge who has written in support of the case she is hearing, thus she is more suspect than Thomas. I think she should recuse and I don't think Thomas would be swayed.
    What an individual thinks is of no import to the issue, though.

    It is a fact that the questions about Thomas' impartiality in this case are reasonable based on the fact that he has personally profited (vicariously through his spouse) from direct opposition to the law in this particular case. Frankly, they are even more reasonable than the questions about Kagen's impartiality.

    At the same time, Kagen's previous role in the administration also makes the questions about her impartiality in this case reasonable.

    But look at the reasoning you have given for questioning Kagen's impartiality: "Kagen is a largely untested judge who has written in support of the case she is hearing, thus she is more suspect than Thomas."

    From what I can tell, the only thing she wrote in "support" of the law was "I hear they have the votes, Larry!! Simply amazing". This is not exactly writing in support of the case. It is actually a description of fact followed by her opinion that this fact was amazing.

    That's borderline, but I think it qualifies as reasonable questioning of her impartiality in this case.

    The fact that you talk about how she is untested, however, is an utterly unreasonable questioning of her impartiality.

    The fact that you are comparing their style of making constitutional interpretations in determining how impartiality they will be is also unreasonable.

    Personal agreement or disagreement with their decisions and decision-making process has no bearing on whether or not they will make those decisions or engage in that process impartially.


    I'm looking at this particular debate impartially myself. Personally, I lean towards Thomas' style of constitutional interpretation more than what I am assuming Kagen's style would be (Even though I think he is often inconsistent in his interpretations, often along partisan lines, he is still the judge most in favor of dual federalism.) But the fact remains the questions abou this impartiality in this case are reasonable. As are the questions about Kagen's impartiality.

    If, as was posted earlier, "a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” " then both should recuse themselves from the case.

  8. #38
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by LaMidRighter View Post
    Only when there is a question. I don't think there is a question of sway from Thomas but there is a HUGE red flag around Kagen.
    I don't think you are looking at this impartially, to be honest. There's a huge red flag around Thomas in this case. There's a smaller red flag around Kagen.

  9. #39
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post
    It's always been about personal gain and impartiality.





    Whether or not you are a stay at home mom is 100% irrelevant to the issue. How much a person concurs politically with their spouse is also 100% irrelevant to the issue.

    What is relevant to the issue is whether or not is is reasonable to question the impartiality of someone who stands to receive or has already received personal financial gain, whether directly or vicariously through a spouse, based on an issue.



    Expecting him to act ethically in this situation is not a chastisement or punishment by any stretch of the imagination.
    why don't you show me how Thomas stands to gain financially from his ruling on BOCare. Be specific since saying something lame like "his wife has a job that pays her money" isn't going to cut it. So how will she and he gain based on a no vote or a yes vote? Let me give you a tip........she will have more opportunities to make some serious lobbying money if Clarence votes to uphold the POS law.
    I love the smell of burning moonbat in the morning.

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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by 99percenter View Post
    What does that have anything to do with the issue at hand? Doesn't matter who headed because it had merit. The issue was about kagan or thomas having to recuse themselves.
    My comment is very relevant. The dimwit questioning Thomas' ethics is the same guy that spent his days in congress sending pictures of his wiener to women that aren't his wife. That is like Jeffrey Dahmer lecturing people on their eating habits.
    I love the smell of burning moonbat in the morning.

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