Debate heats up over whether Kagan should participate in Supreme Court’s health care law ruling

Posted on January 26, 2012 by Conservative Byte

With just weeks until the U.S. Supreme Court considers the constitutionality of President Obama’s health care law, there are new calls for Justice Elena Kagan to recuse herself from the case.

Her critics point to a 2010 case regarding a San Francisco health measure, in which then-Solicitor General Kagan’s office filed an amicus brief touting the newly passed health care law.

In May 2010, after Kagan had been nominated to the nation’s highest court, Principal Deputy Solicitor General Neal Katyal sent her a memo outlining the cases in which she had “substantially participated.” Kaytal specifically referenced the Golden Gate case, noting that it had been “discussed with Elena several times.”


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  • True Patriot

    There's that weird woman, or man, that was appointed by Obozo to the U.S. Supreme Court. As far as I know, Elana Kagan the "pagan" lied to the U.S. Senate when she was confirmed. What's new? Her boss is pathological liar anyway. Liars usually appoint liars. Clarence Thomas DOES NOT have to excuse himself from the bench. It was his wife that participated in trying to repeal ObamaCare not him. Let's face it, this ObamaCare (MurderCare) was forced down the throats of the American people. It was passed without anyone really reading it. So, I think, it's an illegal piece of legislation. If it's so important why don't they let the people vote on the illegal ObamaCare? Because DC doesn't listen to the people. They're a bunch of dictators. The only time they listen is during election years. After that, they get amnesia and laryngitis. They just want that "gay" Elana Kagan on the Court so she'll make sure that that murderous ObamaCare will become law. I pray to God it will NEVER become law. America needs prayers badly. See website: http://www.haasstrep68.com

    • spelunker7

      IT IS THE LAW! Have you been on another planet?

      • kyl

        1. As True Patriot already said, it's not a valid law.

        2. But showing up in court when you are served with a legitimate subpoena is!

        You didn't think your argument through very well, did you? Oh well. Democrats never do.

      • The Thistle Patch

        NO the law of the land is the UNITED STATES CONSTITUTION. Which “YOUR” Pretender and Thief took the same OATH to protect and defend. JUST LIKE I did back in 1967 when I joined the Marines. Here “spelunker7″ If you have the inelegance to read and comprehend you “MIGHT” which I doubt learn something but we will try. This is either or close to the OATH he swore……… I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God….. Now pull your head out of This ILLEGAL ALIEN Pretender and thief’s back end and use it for something than a butt swab.

  • Doc

    What's all this talk about exacting a 1% millionaire's tax under soon-to-be proposed Congressional legislation in February? [when we already have that tax enacted this year, as well as a 3.6% tax on all investment transactions (i.e., selling YOUR house) effective January 1, 2013 under Obamacare??)]

    Did Kagan draft that piece of the puzzle called Obamacare?

    Kagan SHOULD recuse herself because of her former participation in a decision on grounds such as prejudice or personal involvement (as well as potential for continued partiality).

  • Liberals suck

    She looks like a fat ass Lesbian…probably wants to do a bail out for Hostess so they don't take away her snowballs, twinkies, and ding dongs.

  • El Loco

    If she is allowed to preside then the next time I'm arrrested for robbing a liqueur store, I get to preside at my trial.

  • Doc

    What's all this talk about exacting a 1% millionaire's tax under soon-to-be proposed Congressional legislation in February? [when we already have that tax enacted this year, as well as a 3.6% tax on all investment transactions (i.e., selling YOUR house) effective January 1, 2013 under Obamacare??)]

  • DockyWocky

    The debate must be raging in silence over there in the Oval Office.

    Kagan, owning a great responsibility for ObamaCare, will never recuse herself.

    We're dealing with liberal/progressive zealots here for God's sake.

    • T-Texas

      John Roberts has said for the politicians to stay out of his business and the Supreme Court.I did have some respect of Roberts until this position came out but he is the just like the rest.I am telling you folks we need to get an amendment or what ever it takes to get the good ole boy appointments out of our system elect all federal judges like we do local and state.

  • John

    Get this "GAY" unpatriotic whacko out of the Supreme Cort, she never should have gotten in to begin with, her background of radicalism in her past shoud have disqualified her.

  • evie

    If she has ANY regard for the appointment she has she would excuse herself from the case. That way it would remove any doubt that she has been PAID to be at the right place at the APPOINTED time to do Obama's bidding.

  • imjustaregularjoe

    Seems like anybody Obummer appoints to an office lies as easily as they breath or cheats on their taxes. So do we expect anything other than dishonesty and subversion from this woman?

  • Remington 870

    This bull dyke is going nowhere. Justice Roberts could encourage her to recuse herself, but will not do so. There is a strange solidarity within the Supreme court. Appointing this group of clowns for life needs to be changed. Old Lady Ginsburg looks like she has no idea where she is, and the two newly appointed Bulls look like kids in a candy store. These are the fools appointed to ensure the Constitution is upheld according to the Founders. Give me a break! We're in Big Trouble Keem-o-sob-eee!

  • John

    Q. What's the difference between a Ritz and Elena Kagan ?
    A. A Ritz is a snack cracker: Elena Kagan is a crack snacker.

  • Eli Jones

    Patriots, remember Nancy Pelosi saying "we got to pass it to know what's in it"? Well, here's what's in it. Obamacare is funding "Obama's Personal Civilian Army" called the "Ready Reserve Corps" It is authorized in section 5210 on page 1312 in "The Affordable Heathcare Act For America" or (HR3962). Remember, during his campaign, Obama called for his personal Million Man civilian army to be loyal only to him. Obama also stated that his personal civilian army should be more powerful than our US Military. There is a clip of Obama saying those very words in the video. Obama is right now gutting our military and at the same time beefing up his personal thug army. Watch This Short Video And Be Informed Of What The Nazi In The White House Has Planned For You! This is a grave situation that endangers us all. Please Spread The Word to our fellow Patriots! EVERYONE OF THEM.
    http://www.youtube.com/watch?v=htw7shWR3oU

    Sign The Petition To Force The Repeal Of Obamacare And Pass The Site On To EVERYONE That You Know.
    https://repealhealthcareact.org/invest.aspx

  • Eli Jones

    Thomas Jefferson never said, we got to pass this Constitution to know what's in it.

  • jim28threg.

    Eli nothing is going to be done against this administration. They will leave office next January laughing at this know nothing American population and the chicken crap congress so scared of their own shadow they've sold not only their own children to the NWO crowd but also their grandchildren along with yours and mine.
    Ever see that movie about Sodom and Gamora. That Pic was made long long ago when the censors had morals and not very much was shown in the way of the debauchery that angered God. Even if you don't believe archaeology has proven they did exist and were destroyed by fire — well the actions real or imagined of those two citys is nothing compared to what these wicked evil people will be doing at will to your grandchildren if you ALL don't get up and get busy.

  • skip gainer

    There should be no debate Kagan can not legally hear the case, but a little thing like the law never stopped obarry boy or eric holder before.

  • george morrison

    this woman should recuse herself from this she has had way too much involvement in obama care and if everyone else in the obama adminestration can't be trusted then I do not think she can be trusted either,who knows she was probably given her walking orders by obama himself that obama care must not be defeated this I truely believe is what is going on and if so it will be the second biggest fraud in american history 1 the election of a fraud 2 the setting up of a supreme court judge who by sheer appointment to the bench will see to it that this fraud will be put upon the very people who DO NOT WANT IT,ITS A FRAUD AND A VERY EXPENSIVE ONE THAT NOBODY NEEDS OR WANTS

  • julian

    With the facts that are out there their should be no debate. If the MSM was doing it's job which is not to protect the administration** there would be so much outrage over her even considering being on the panel that she would not.

    **Their job is to report the facts that are known and let the people decide the truth.

  • Bcass2

    Kagen is already showing proof that she doesn't belong on the Supreme court , she is not honest enough to
    Recuse herself she lied to congress to get this job. She is nothing but a ultra liberal that OBAMA wanted on the supreme court to get decisions in his favor.