View Poll Results: Should Kagan recuse herself

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    19 73.08%
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Thread: Should Kagan recuse herself from the BOCare case?

  1. #51
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    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?
    Of course she should recuse herself. Of course, any judge who thinks it is constitutional for the Federal Government to force people to buy specific products from government approved vendors shouldn't be on the court to begin with.
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by conservativeguy View Post
    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.
    You do not know what a strawman is if you think that I used one.


    The most asinine thing about your previous post is that you yourself provided enough of an argument to support my point. Let me give you a tip...

  3. #53
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by LaMidRighter View Post
    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.
    The part in bold makes no sense. Why would anyone other than a supreme court justice need to recuse themselves?

    And receiving a pension and the hypothetical possibility it is affected by the legislation is a far cry form receiving direct income for opposing the legislation. It's not exactly an apples to apples comparison you are making.

    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.
    If rendering such statements were the only way to show potential bias and conflict, then I'd be of the belief that I must show them.

    But they aren't.
    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.
    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. 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.
    Your comparison is apples to apple-flavored candy made from gelatin and containing no actual apples or apple byproducts.

    His money came directly from opposition to the legislation specifically. That's not the same as it being affected by the legislation.

  4. #54
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post
    The part in bold makes no sense. Why would anyone other than a supreme court justice need to recuse themselves?
    That's my fault, I didn't further explain the point. Just about everyone serving the public sector has a vested pension at the least, many of the elected and appointed officials also have money in mutual funds, hedge funds, stocks, or other investment vehicles. This being said depending on whether they have short or long term investments, the law will have dangerous effects at some point. Knowing this if the SCOTUS justices have these pensions and other investments they could fall to the human trappings of self preservation and render improper decisions. This is why I've made that particular point. The health sector is literally in any kind of investment vehicle and we all know that these justices know that, hence, my point that no one is without some level of interest in rendering the decision.

    And receiving a pension and the hypothetical possibility it is affected by the legislation is a far cry form receiving direct income for opposing the legislation. It's not exactly an apples to apples comparison you are making.
    This is true, but again Kagen has a more immediate monetary interest than Thomas. Kagen was solicitor general for the healthcare law whereas Thomas's wife was paid to represent against. Thomas has one degree of seperation while Kagen doesn't even have that.


    If rendering such statements were the only way to show potential bias and conflict, then I'd be of the belief that I must show them.

    But they aren't.
    I get that. But to me Kagen's statements in this particular case are damning.

    Your comparison is apples to apple-flavored candy made from gelatin and containing no actual apples or apple byproducts.

    His money came directly from opposition to the legislation specifically. That's not the same as it being affected by the legislation.
    His wife's earnings came from that. Kagen's money came from arguing pro.
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by Tucker Case View Post

    The most asinine thing about your previous post is that you yourself provided enough of an argument to support my point. Let me give you a tip...
    You were saying his impartiality was compromised since he would be influenced by what benefits his wife. If that is true, we can expect Thomas to support BOCare since his wife would make a ton on money fighting his decision. Wrong again. Your tortured and meritless theory goes up in flames when it appears Thomas would vote like he always does, conservative, and this vote would not help his wife's lobbying career since this issue would die if Thomas gets his way. How exactly did that support your point?

    If Thomas votes to support BOCare, I will completely agree with you.
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by conservativeguy View Post
    That is hardly compelling.
    If his wife is getting paid to work for the same people pushing states to strike down the Health Care law, there is as much a conflict of interest as having written the law in the first place.
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  7. #57
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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.
    that's really stupid. Anita Hill should have been indicted for perjury. she asked him out for dinner after he allegedly harassed her. that alone proved she was a liar



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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by TurtleDude View Post
    that's really stupid. Anita Hill should have been indicted for perjury. she asked him out for dinner after he allegedly harassed her. that alone proved she was a liar
    Was there a pube on his coke when they went out? Inquiring minds want to know! (joke!)


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

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    Re: Should Kagan recuse herself from the BOCare case?

    Oh, and yes, she probably should recuse herself. She probably won't, but she should.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

  10. #60
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    Re: Should Kagan recuse herself from the BOCare case?

    Quote Originally Posted by rocket88 View Post
    Was there a pube on his coke when they went out? Inquiring minds want to know! (joke!)
    Okay that's funny.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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