View Poll Results: Should Kagan recuse herself

Voters
26. You may not vote on this poll
  • yes

    19 73.08%
  • no

    7 26.92%
Page 5 of 9 FirstFirst ... 34567 ... LastLast
Results 41 to 50 of 90

Thread: Should Kagan recuse herself from the BOCare case?

  1. #41
    Matthew 16:3

    Join Date
    Jul 2008
    Location
    Everywhere and nowhere
    Last Seen
    06-24-17 @ 05:05 PM
    Gender
    Lean
    Progressive
    Posts
    45,603

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by conservativeguy View Post
    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.
    Did you miss the "Or has already received"?

  2. #42
    Educator
    Join Date
    Sep 2011
    Location
    ATL
    Last Seen
    07-07-12 @ 09:00 PM
    Lean
    Very Conservative
    Posts
    1,172

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post
    Did you miss the "Or has already received"?
    I saw it and started laughing. So now you think Thomas should recuse himself based on the work his wife once did for a firm that opposed the legislation. I think that strawman is so silly it doesn't deserve a reply.
    I love the smell of burning moonbat in the morning.

  3. #43
    Klattu Verata Nicto
    LaMidRighter's Avatar
    Join Date
    May 2005
    Location
    Louisiana
    Last Seen
    07-21-17 @ 02:42 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    30,534

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post
    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.
    To the first point. Anyone who has a pension has a vested interest in the health market, including insurance, bio-chems, pharma, and manufacture. This being said this could sway any of them either way in this case, they can't all recuse themselves and hear the case. To the second point, Kagen's words can be interpreted as being for the bill, and any questions that would raise tend to lead to asking whether she will hear the arguments or have her opinion already formed. I understand you are following the money, in my opinion Thomas will follow the law first, I don't know that Kagen is of the same judicial temperment.

    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.
    Normally I would agree with you, in this particular case however she has rendered a statement that could show a bias and conflict. Justice Thomas to my knowledge has not rendered any statements yet. If you have some I'll take a look.
    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 do agree here, which is why I don't think Ginsberg, Sotomayor, Kennedy, etc. should recuse. Unless of course they have said something suspect as well.

    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.
    Because of the realities that anyone invested in the market in some way has ties to the health sector I disagree. However with Kagen's seemingly solid statement I feel the case for her recusal is stronger.
    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.
    Well, it may actually be a moot point since Kagen doesn't look like she'll recuse, and I'm sure Thomas won't leave the court lopsided on this one with her sitting on the decision.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  4. #44
    Klattu Verata Nicto
    LaMidRighter's Avatar
    Join Date
    May 2005
    Location
    Louisiana
    Last Seen
    07-21-17 @ 02:42 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    30,534

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post
    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.
    Don't get me wrong, if any justice had made a biased statement in any way on this issue I'd be on the recusal side. I think Kagen is tainted more than Thomas and I am being open on this.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  5. #45
    Sage
    soccerboy22's Avatar
    Join Date
    Jan 2010
    Location
    A warm place
    Last Seen
    12-02-17 @ 10:35 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    10,723

    Re: Should Kagan recuse herself from the BOCare case?

    LA, I don't know if you know this, but a friend sent this to me on Facebook Scalia and Thomas dine with healthcare law challengers as court takes case - latimes.com . I am not saying that Scalia should recuse himself, but this plus his wife, doesn't help Thomas in that maybe he should also recuse himself.
    Boston: City of Champions. New England Patriots: 2001, 2003, 2004, 2014, and 2016 Boston Red Sox: 2004, 2007 and 2013 Boston Celtics: 2008 Boston Bruins: 2011 Boston University Men's Hockey: 2008



  6. #46
    Klattu Verata Nicto
    LaMidRighter's Avatar
    Join Date
    May 2005
    Location
    Louisiana
    Last Seen
    07-21-17 @ 02:42 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    30,534

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by soccerboy22 View Post
    LA, I don't know if you know this, but a friend sent this to me on Facebook Scalia and Thomas dine with healthcare law challengers as court takes case - latimes.com . I am not saying that Scalia should recuse himself, but this plus his wife, doesn't help Thomas in that maybe he should also recuse himself.
    I heard about the Scalia thing, didn't know Thomas was also there. I dunno, I'd be willing to concede that Thomas should only recuse himself at this point if Kagen does as well. What the whole thing boils down to is all sides are trying to make the court lopsided. I don't really think anyone should recuse from this as the issue is so important I think it requires a full court.

    EDIT- I also think lobbyist need to leave the court alone, we have enough bad decisions by the SCOTUS historically without outside influence.
    Last edited by LaMidRighter; 11-15-11 at 06:56 PM.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  7. #47
    Professor
    Keridan's Avatar
    Join Date
    Oct 2011
    Location
    Raleigh NC
    Last Seen
    08-19-17 @ 12:10 PM
    Gender
    Lean
    Libertarian
    Posts
    1,451

    Re: Should Kagan recuse herself from the BOCare case?

    Both have some ties to this. Both sets of ties are debatable. My personal hope is both or neither (preferably both). However, these are SCOTUS judges. I'm willing to let them make the call.

  8. #48
    Sage
    soccerboy22's Avatar
    Join Date
    Jan 2010
    Location
    A warm place
    Last Seen
    12-02-17 @ 10:35 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    10,723

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by LaMidRighter View Post
    I heard about the Scalia thing, didn't know Thomas was also there. I dunno, I'd be willing to concede that Thomas should only recuse himself at this point if Kagen does as well. What the whole thing boils down to is all sides are trying to make the court lopsided. I don't really think anyone should recuse from this as the issue is so important I think it requires a full court.
    See this is my thinking as well. I believe both Kagan and Thomas have reason to recuse themselves, but will not for the obvious reason in lopsiding the court. I also think that if one were to go, the other should as well; however it doesn't matter because it looks like either will.
    Boston: City of Champions. New England Patriots: 2001, 2003, 2004, 2014, and 2016 Boston Red Sox: 2004, 2007 and 2013 Boston Celtics: 2008 Boston Bruins: 2011 Boston University Men's Hockey: 2008



  9. #49
    Sage
    Hatuey's Avatar
    Join Date
    Oct 2006
    Last Seen
    Yesterday @ 08:03 PM
    Gender
    Lean
    Moderate
    Posts
    42,089

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by conservativeguy View Post
    Given her involvement in the administration that signed the law under review and her delight with its passage as Solicitor General, should she step aside and not be involved in this SCOTUS review of the BOCare challenges?
    If she does, so should Thomas.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  10. #50
    Educator
    Join Date
    Sep 2011
    Location
    ATL
    Last Seen
    07-07-12 @ 09:00 PM
    Lean
    Very Conservative
    Posts
    1,172

    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Hatuey View Post
    If she does, so should Thomas.
    That is hardly compelling.
    I love the smell of burning moonbat in the morning.

Page 5 of 9 FirstFirst ... 34567 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •