Kagan Removes Herself From Decision On Arizona Immigration Case

Posted By: The P/Oed Patriot

According to an article in the Washington Times, Justice Kagan is removing herself from ruling on the decision to take a case that will come before the Supreme Court which will address Arizona’s Immigration law:

“The Supreme Court announced Monday it will take the case of Arizona’s tough immigration crackdown law, adding yet another contentious clash between the Obama administration and the states to its docket…..

….In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case.

Justice Kagan has come under fire for not recusing herself from the decision to hear challenges to the new health care law.”

Hat Tip The Drudge Report

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  • #1AMERICAN

    how about she remove her marxist A$$ from the supreme court forever

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  • Dave in Dallas

    I can’t be the first to notice that recusing herself from the decision to take the case is not the same as recusing herself from making a ruling on the case itself. Is she off the case or just off the panel that decides whether to take the case?

  • Stan Kravitz

    Good for him!

  • Sam Stone

    If she recuses herself from this case, she SURELY should recuse herself from ObamaCare case for the EXACT same reasons! What could possibly be the difference in her reasons?

  • Valerie

    The Supreme Court issued a document saying it would take the case, and in the same document, also announced that Kagan would recuse herself. Justice Kagan’s recusal is timely, and of course proper because she was involved in this matter, before she was placed on the Court.

  • jainphx

    Dave in Dallas—- That is an excellent question. The left loves to play silly little games like this. Recuse her self from the panel to accept the case, and then rule on it in banc.

  • Militant Conservative

    Wait till the house and senate are dominated w

    New conservatives. The power to remove jutices and

    Impeach presidents. The left will be totally F ing

    Foaming at the mouth. Watch

  • susanm

    ONE DOWN!

  • Courts make judgements on “precedent”, so we have one for her recuse on the Arizona case, she must recuse for Obamacare. That would seem just and logical.

  • BuddyG

    Wise Latina at your service

  • FurryGuy

    Typical sleazy ambulance chasing lawyer splitting hairs regarding recusal. She’s only removing herself from deciding if the SCOTUS will hear the case, not from sitting in judgement if they do decide to hear the case.

    I seriously doubt if the SCOTUS does decide to hear the case that she will have the moral fiber to recuse herself, just as she will not recuse herself regarding ObamaCare.

  • overthehillbill

    Bless his heart!!!!!!!!!!!!!

  • Rose

    ONLY ONE WAY SHE IS – she MUST believe there is a SERIOUS threat she could be removed from the Bench entirely if she does NOT recuse herself from a case like this or Obamacare that she has some “finger in the pie”, previously. And would help pull Odrama Queen down as well.

  • Rose

    #1 December 12, 2011 at 11:34 am
    #1AMERICAN

    SO AGREED! SO TOTALLY AGREED!

  • Rachelle

    She needs to recuse herself from Obama’s CommieCare as well.

  • Valerie

    Unethical acts, and acts that bring the process into question as being corrupted by prejudice and self-interest, are indeed grounds for impeachment. And there are solid reasons why Liberals also think that Justice Kagan should recuse herself from hearing the Obamacare cases.

    http://www.slate.com/articles/news_and_politics/jurisprudence/2011/12/obamacare_and_the_supreme_court_should_elena_kagan_recuse_herself_.html

  • crackermike

    This is just cover for her refusal to recuse from the IMPROTANT case, the case that will socialize America until it falls. I can hear it now: “you right wing extremeists just don’t want this poor woman to be able to rule on ANYTHING!!!!!!!!!” Cover, cover, cover.

  • Valerie

    #21 December 12, 2011 at 1:21 pm
    Eubulides commented:

    You missed the point, again. That article you didn’t read was published by Slate, by Eric Segall, a professor of constitutional law at Georgia State University College of Law and a former trial attorney for the Justice Department. In that article, he points out that recusal rules for Federal judges are statutory, that is, actual laws, which means that violations of these rules qualify as “high crimes and misdemeanors.”

    “First the law: A federal statute requires that any “justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Federal law also requires that a judge recuse herself if the judge previously served in governmental employment “and in that capacity participated as a … counsel, adviser, or material witness concerning the proceeding or has expressed an opinion concerning the merits of the particular case in controversy.” ”

    He then proceeds to point to specific facts and evidence of actions by Judge Kagan that would lead a reasonable person to conclude that, if Judge Kagan failed to recuse herself from consideration of the Obamacare cases, she would be in violation of Federal law.

    These recusal rules exist for a reason: past incidents where our judicial process has been tainted by prejudice and self-interest incident caused great damage to the public perception of the court.

    So, here’s the link, again.

    http://www.slate.com/articles/news_and_politics/jurisprudence/2011/12/obamacare_and_the_supreme_court_should_elena_kagan_recuse_herself_.html

  • Vixen

    Is she returning to her job as Mall Cop Paul Blart?

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  • bg

    ++

    December 12, 2011

    A Theory on Kagan’s Recusal

    [CALLER: I have a theory. Call me cynical, but I think Kagan has recused herself from the decision to take the — I have a theory on why I believe Kagan has recused herself from the decision to take the immigration case. I think she’s doing it because when Obamacare comes around she’ll be in a position or she thinks she’ll be in a position where she’s gonna be able to say, “I’m honest, I have integrity, I have no conflict of interest,” because she’ll say, “if I did of course I would recuse myself just like I did on the immigration case.”]

    ==

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  • Molon Labe

    You Bidy vomits that avoids reading the Washington Times. Of course he does but wh knew he could read. Marxist lad tells us we can’t impeach a judge, bless your heart little boy, how’s perjury for grounds? Does that meet your criteria for high crimes and misdemeanors? As everyone knows Kagan lied during her confirmation hearings about her involvement in Obamacare under oath.

    But in Marxist world lies do not count that advance the cause and the constitution is only a piece a paper that restrains the government. Not what good progressives like.

    But do babble on with your nonsense. It gives everyone here a chance to throw spitballs at the poorly educated, failure, desperately trrying to be noticed. Like a failed fourth grader trying to explain his msierable performance to his siblings.

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  • bg

    ++

    Molon Labe #30 December 12, 2011 at 5:42 pm

    Seven Republicans voted for Kagan in 2009

    [The Senate confirmed Kagan on a solid 61-31 vote on March 19 of last year, with GOP Sens. Tom Coburn (Okla.), Susan Collins (Maine), Judd Gregg (N.H.), Orrin Hatch (Utah), Jon Kyl (Ariz.), Richard Lugar (Ind.) and Olympia Snowe (Maine) casting votes in her favor.]

    How Republican Senators Voted on Sotomayorl

    [Judge Sonia Sotomayor was confirmed by the Senate in a 68- to- 31 vote on her nomination to the Supreme Court. All Democrats and independents present voted yes (Senator Edward M. Kennedy, who has been battling cancer, was not present for the vote). They were joined by 9 of the 40, or 23 percent of the Republicans in the Senate. This is less than the proportion of Democrats and independents that voted for John G. Roberts Jr. – half of Democrats and independents supported his nomination to Chief Justice of the Supreme Court in 2005. But it is more than the proportion that voted for Samuel Alito in 2006 – just 9 percent of Democrats and independents supported his nomination to the Supreme Court.]

    just noting.. 😛

    ==

  • Molon Labe

    #32
    Thank you for reminding me why I hate RINOs. I especially dislike Coburn and Hatch who like to preen themselves as conservatives. I can only hope the Tea Party gets rid of these creatures. The next thing I expect to hear from Kagan is a citing of Cuba’s law.

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