Documents reveal that Kagan may have helped craft legal defense of ObamaCare

spidey07

No Lifer
Aug 4, 2000
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Wow. If true this could be used to recuse or impeach her. Proof once again of just how corrupt this administration is. What I want to know is how on earth can she legally rule on the obamacare challenge?

http://hotair.com/archives/2011/05/...ed-craft-legal-defense-of-obamacare/#comments

Just so we’re straight on the timeline here: On March 21, the day ObamaCare was passed, Katyal is inviting Kagan to strategy sessions about the new law. On April 9, John Paul Stevens resigns and speculation erupts about Kagan succeeding him. On May 17, Katyal is suddenly telling people that Kagan’s never been involved in anything — even though she is, in fact, the solicitor general of the United States and even though he explicitly invited her to a meeting about the law less than two months earlier — and Kagan is warning people via e-mail to make sure everyone has their story straight on what she knew by “coordinating.” Is that about right? I want to make sure we’re all square on this nonsense for when the mandate challenge finally reaches the Court and we’re told by her office that everything is magically copacetic.
 

fskimospy

Elite Member
Mar 10, 2006
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Hey guys look, spidey doesn't know how the Supreme Court works. You can't use any information to 'recuse' someone, it is a voluntary procedure. Good luck with impeaching her too by the way. I love how our good friend spidey has no problems whatsoever with Clarence Thomas's family having a direct financial interest in the overturn of health care reform, but Kagan being asked to a meeting? IMPEACHMENT TIME!

Now to the merits of the article, the HUGE THING is some guy asking her to go to a meeting and her talking about how to handle her confirmation hearing. Ie: bullshit. Oh Spidey, you're a special flower.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
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Why the hardon for impeaching Kagan.

You may wish to actually lookup the reasons for impeachment prior to posting stupid thread like this one.
 
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werepossum

Elite Member
Jul 10, 2006
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I'll be waiting for the rush of those demanding impeachment or recusal of Thomas for his WIFE'S work to jump on the bandwagon demanding the same of Kagan for HER own work.
 

fskimospy

Elite Member
Mar 10, 2006
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I'll be waiting for the rush of those demanding impeachment or recusal of Thomas for his WIFE'S work to jump on the bandwagon demanding the same of Kagan for HER own work.

What work of hers would you be referring to? Do you think the link our good friend spidey provided is any sort of evidence for her having taken part in the crafting of the health care bill's defense? If so, what parts and why?
 

Anarchist420

Diamond Member
Feb 13, 2010
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It would be a different, better, more free and prosperous country if Thomas Jefferson had fully supported Randolph's Amendment. That asshole John Marshall never could've set bad precedent if Jefferson hadn't been so bipartisan (i.e., appointing moderate Republicans to the Supreme Court).
 

PokerGuy

Lifer
Jul 2, 2005
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Her being involved in crafting the legal defense is not grounds for impeachment, but her subsequent lying about her involvement is. Either way, it's not going to happen, not as long as the current admin is in office.
 

fskimospy

Elite Member
Mar 10, 2006
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Her being involved in crafting the legal defense is not grounds for impeachment, but her subsequent lying about her involvement is. Either way, it's not going to happen, not as long as the current admin is in office.

Where is your evidence for her involvement in the legal defense?
 

LumbergTech

Diamond Member
Sep 15, 2005
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Where is your evidence for her involvement in the legal defense?

you should know better by now

they could give a fuck about evidence..this is just about scoring points for the team

anything that makes the enemy look bad even if it isnt true
 

theeedude

Lifer
Feb 5, 2006
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Wow. If true this could be used to recuse or impeach her. Proof once again of just how corrupt this administration is. What I want to know is how on earth can she legally rule on the obamacare challenge?

http://hotair.com/archives/2011/05/...ed-craft-legal-defense-of-obamacare/#comments

Of course she can rule on it. No she doesn't need to recuse herself.
There is no conflict of interest here at all. Her old job was an advocate, she did that, her new job is a judge, she is doing that.
Clarence Thomas didn't need to recuse himself from a case that directly benefited his family through his lobbyist wife, an actual conflict of interest.
 

PokerGuy

Lifer
Jul 2, 2005
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Where is your evidence for her involvement in the legal defense?

The emails and documents would lead any sane person to realize she was at least involved, but since they don't add up to a smoking gun, nothing will come of it, as I stated in my previous post.
 

theeedude

Lifer
Feb 5, 2006
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I'll be waiting for the rush of those demanding impeachment or recusal of Thomas for his WIFE'S work to jump on the bandwagon demanding the same of Kagan for HER own work.

His Wife's work directly benefited his family financially. There is no such conflict of interest with Kagan. There is no benefit to her from upholding Obamacare. She's already a USSC justice for life, there is nothing in it for her. Thomas stood to benefit financially from his ruling through his wife's lobbyist work pay.
Lawyers represent and advise their clients. When she was solicitor general she did her job. Now she is a judge and is doing hers.
 

fskimospy

Elite Member
Mar 10, 2006
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The emails and documents would lead any sane person to realize she was at least involved, but since they don't add up to a smoking gun, nothing will come of it, as I stated in my previous post.

Ahhh, so a few isolated and out of context statements from emails linked in an article on a right wing blog are all any 'sane' person needs to realize that she was involved. That's an open and shut case if I've ever heard one!

This explains a lot about you. :)
 

CallMeJoe

Diamond Member
Jul 30, 2004
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Her being involved in crafting the legal defense is not grounds for impeachment, but her subsequent lying about her involvement is. Either way, it's not going to happen, not as long as the current admin is in office.
Assuming that she was substantially involved in crafting the defense of the health care legislation, at what point did she lie under oath or sign an official document asserting she was not involved?
If you're going to start impeaching public officials for simple lies, the Congress won't have time for anything else... or any members left to run impeachment proceedings, for that matter.
 

theeedude

Lifer
Feb 5, 2006
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The emails and documents would lead any sane person to realize she was at least involved, but since they don't add up to a smoking gun, nothing will come of it, as I stated in my previous post.

I sure hope she was involved in representing the administration's position, being the solicitor general. That's the job description of a solicitor general.
 

chucky2

Lifer
Dec 9, 1999
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Assuming that she was substantially involved in crafting the defense of the health care legislation, at what point did she lie under oath or sign an official document asserting she was not involved?
If you're going to start impeaching public officials for simple lies, the Congress won't have time for anything else... or any members left to run impeachment proceedings, for that matter.

Hmmm...there's a thought... :hmm:
 

PokerGuy

Lifer
Jul 2, 2005
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Assuming that she was substantially involved in crafting the defense of the health care legislation, at what point did she lie under oath or sign an official document asserting she was not involved?

I don't know if she was substantively involved or not (it's highly likely of course), but if I remember right she testified in front of congress that she was not during her confirmation hearing. I haven't gone back to the transcripts or anything, just going off memory. Don't know for sure either way, but the threshold for impeachment is (and should be) pretty high. The threshold for recusing oneself is not that high, and if she was in any way ethical she would recuse herself. She won't, of course.
 

PokerGuy

Lifer
Jul 2, 2005
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I sure hope she was involved in representing the administration's position, being the solicitor general. That's the job description of a solicitor general.

.... and if she was, she should recuse herself. How can you be unbiased in judging something you helped craft?
 

fskimospy

Elite Member
Mar 10, 2006
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I don't know if she was substantively involved or not...

...if she was in any way ethical she would recuse herself.

facepalm.jpg
 

theeedude

Lifer
Feb 5, 2006
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.... and if she was, she should recuse herself. How can you be unbiased in judging something you helped craft?

I don't see why you can't be, unless you are an emo. Recusals are for conflicts of interest, and there isn't one.
 
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PokerGuy

Lifer
Jul 2, 2005
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I don't see why you can't be.

Think about that for a second. Not only does she have to be impartial, if there's even a reasonable appearance that she's not impartial she should recuse herself. You think there's any way that there's not even the appearance of bias when someone is asked to judge the legality of something they helped craft? Really?
 

Ldir

Platinum Member
Jul 23, 2003
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Think about that for a second. Not only does she have to be impartial, if there's even a reasonable appearance that she's not impartial she should recuse herself. You think there's any way that there's not even the appearance of bias when someone is asked to judge the legality of something they helped craft? Really?

Link to where you called for Thomas to recuse himself too?