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red states rule
12-13-2011, 04:35 AM
Well Ms Kagan did the right think on this case - now will she do the same with the Obamacare case?





Justice Elena Kagan said Monday that she would recuse herself from the challenge to Arizona's controversial immigration law, presumably because she served as President Obama's solicitor general when the federal government filed the original lawsuit against the state.

Her recusal opens up the possibility for a rare 4-4 split on the court; since a lower court blocked provisions of the law, the tie would uphold that ruling and function as a win for the Obama administration. But the court would not be able to settle the larger issue of whether the Arizona statute is constitutional in the event of a tie.

Kagan's recusal breaks from her decision to hear the challenge of the president's healthcare reform law. Kagan has maintained that she did not serve as legal counsel during preparation of the healthcare legislation, although email records between herself and a Harvard professor show her cheering passage of the bill.

http://thehill.com/blogs/blog-briefing-room/news/198749-kagan-to-recuse-herself-from-arizona-immigration-challenge

logroller
12-13-2011, 05:32 AM
Well Ms Kagan did the right think on this case - now will she do the same with the Obamacare case?

She really doesn't have anyone to answer to, other than God, her conscience and, perhaps, an interest in gaining some professional capital from the other Justices. She said she wouldn't be recused from healthcare during confirmation hearings; so barring internal pressure from fellow Justices, I don't see her changing her mind.

red states rule
12-13-2011, 05:37 AM
She really doesn't have anyone to answer to, other than God, her conscience and, perhaps, an interest in gaining some professional capital from the other Justices. She said she wouldn't be recused from healthcare during confirmation hearings; so barring internal pressure from fellow Justices, I don't see her changing her mind.

It seems Obama does not care about the undocumented Democrats that would be impacted if the AZ law were to be upheld

BUT Obamacare is "crowning achievement" of the Obama administration - and nothing must stop it becoming law

Including the US Constitution

logroller
12-13-2011, 06:13 AM
It seems Obaa does not care about the undocumented Democrats that would be impacted if the AZ law were to be upheld

BUT Obamacare is "crowning achievement" of the Obama administration - and nothing must stop it becoming law

Including the US Constitution

We'll see-- the Jurists are still considering both, not the oBama Admin.

red states rule
12-14-2011, 04:37 AM
We'll see-- the Jurists are still considering both, not the oBama Admin.

I do not see how any USSC Judge could say that states do not have the right to enforce immigration laws OR how the Federal government can FORCE its citizens to purchase a specific product/service under the threat of fines and jail time

But liberals are known for twisting and bending the US Constitution into a pretzel to fit their current aganda