Tuesday, February 1, 2011

Mistatement - It is Kagan, not Sotomayor.....

I misstated that Sotomayor might recuse herself, causing Obamacare to be supported by our Supreme Court.  It is Elena Kagen instead.
What are the odds that while serving as President Barack Obama's solicitor general, Elena Kagan never expressed her opinion about lawsuits that were filed challenging the constitutionality of Obamacare?

If Kagan did express her opinion, federal law requires the she be disqualified from those cases if she is confirmed as a justice and they come before the Supreme Court.
When she testified before the committee, Chairman Patrick Leahy, the Vermont Democrat, asked her when she would recuse herself. In response, Kagan did not cite 28 U.S.C. 455, and her answer to Leahy was somewhat narrower than her answer in the questionnaire. She would recuse herself, she indicated, from cases on which she had been the "counsel of record" and when she had "officially, formally approved something" in a case.
"If I gave advice about the government's litigating position or the content of a filing, then I would recuse myself from the case," Kagan said in her written responses to Sessions. "In my view, this level of participation in a case would warrant recusal."  http://www.humanevents.com/article.php?id=38060

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