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Should Kagan recuse herself from health-care case?

Posted: December 2, 2011 - 5:49pm

The Supreme Court’s current session is likely to prove one of the most important in many years. At the heart of a case the justices will consider is the individual mandate in President Barack Obama’s Affordable Care Act, which requires every American to purchase health insurance. If the Supreme Court upholds the individual mandate, it will set a precedent for future Congresses and expand the federal government’s reach into our everyday lives.

But the outcome of the case is not the only issue of concern to the American people. Interest groups on both sides are calling for the recusal of two Supreme Court justices.

While we don’t know whether these justices should recuse themselves, it is clear that not all of the allegations are equal. For example, some groups allege that Justice Clarence Thomas should recuse himself because of his wife’s involvement with groups opposed to the health-care law.

But concerns about the job or personal views of a justice’s spouse are not the same as concerns that a justice may have been involved in a matter before it reached the high court.

Specifically, Justice Elena Kagan may have played a role in the development and defense of the president’s health-care law during her tenure as U.S. solicitor general. Despite claims from Obama administration officials that Kagan was not involved in the health-care discussions, emails released last month indicate that there may be more to the story.

The Obama administration has a responsibility to fully disclose any information about what role Kagan played in the review of the Affordable Care Act. The validity of the outcome at the high court depends on the impartiality of the justices.

This case is far too important for the White House to refuse to provide the facts to the American people.

Smith, R-Texas, is chairman of the House Judiciary Committee.

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fishhead
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fishhead 12/03/11 - 08:56 am
0
0

It's impossible to defend

It's impossible to defend Justice Thomas's ruling on this critical case. He should recuse himself and come clean about his involvement in conservative groups. The fact that part of his family income is the result of his wife trying to prevent this law should be enough for him to recuse himself. And then in violation of the law failed to report the $100's of thousands that his wife got for her 'work'.

But he won't. Instead he'll do just what Scalia did when asked to recuse himself from ruling on a case involving his hunting buddy VP Cheney. He gave America the finger and then went duck hunting with Cheney just weeks before hearing the case.

How is that not important?

pdnet15
15836
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pdnet15 12/03/11 - 10:36 am
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fish

If you actually read the article, it would seem that of all of the people involved, it should be Kagan. But as usual, your self righteous rants against anything Republican precludes your simple observation that Kagan worked for the present administration. Personally, I think that no one should recuse themselves and let them do the job for which they were hired to do.

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