Curmudgeon's Corner

cur-mud-geon: anyone who hates hypocrisy and pretense and has the temerity to say so; anyone with the habit of pointing out unpleasant facts in an engaging and humorous manner

Justice's Recusal?

U.S., Political, Quality of Life, Healthcare

We hear much about the Wisconsin Supreme Court and the prospect of one Justice or another recusing himself or herself...BUT...

There is a glaring case for recusal at the United States Supreme Court level.  The Justice's name is Elena Kagan.  She is, as you may recall, the former Solicitor General for President Obama's administration.  He appointed her to the Court.

Among the things with which she was involved before receiving the appointment was the development of the legal arguments favoring PPACA (a/k/a ObamaCare).  U. S. Sen. Jeff Sessions (R) pointed out that her involvement in this effort "began at last as early as January 2010, four months before her nomination and two months before the bill became law".  He continued, "That she would not follow the same course in the healthcare case is dubious.  These facts require recusal."  The case to which he refers is, of course, the case to be heard next week by the Court on which she sits.  That is the case concerning PPACA and its legitimacy that has been making its way through various Federal courts and is now to be heard at the highest level.

Contrary to Wisconsin law being moot thus putting the decision in the hands of the Justice involved, there is a legal requirement for her to recuse herself in just such a situation.

There has been systematic obfuscation for many months by the Obama Administration as it refused to disclose key documents during her confirmation hearings.  The Administration obviously knew it likely that ObamaCare would face court battles and that those likely would finally be decided at the highest level, the U. S. Supreme Court.  The Chairman of the House Judiciary Committee has tried for eight months with five different letters to Atty. Gen. Eric Holder to obtain the pertinent information.  We have seen just how forthcoming Gen. Holder is when he testifies before Congress.

Will Justice Kagan recuse herself as she ought?  Time will tell, but I'll be among the most surprised people in the country if she does so.  If she doesn't, this will be among the great travesties of justice in our history.

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