gallantwarrior
Gold Member
- Jul 25, 2011
- 25,746
- 7,617
Should Elena Kagan be recused from hearing or participating in the upcoming proceedings to determine the Constitutionality of the Obama Health Care Act?
Her personal and professional participation in crafting this legislation is a matter of record. She served as Obama's Solicitor General and counseled him during the drafting of his Health Care Law. She's on record as being proud and pleased that it passed Congress. According to 28 U.S.C. § 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge:
(a) Any justice, judge, or magistrate judge of the United States
shall disqualify himself in any proceeding in which his
impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following
circumstances:
(1) Where he has a personal bias or prejudice concerning a
party, or personal knowledge of disputed evidentiary facts
concerning the proceeding;
(3) Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness
concerning the proceeding or expressed an opinion concerning the
merits of the particular case in controversy.
Her personal and professional participation in crafting this legislation is a matter of record. She served as Obama's Solicitor General and counseled him during the drafting of his Health Care Law. She's on record as being proud and pleased that it passed Congress. According to 28 U.S.C. § 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge:
(a) Any justice, judge, or magistrate judge of the United States
shall disqualify himself in any proceeding in which his
impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following
circumstances:
(1) Where he has a personal bias or prejudice concerning a
party, or personal knowledge of disputed evidentiary facts
concerning the proceeding;
(3) Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness
concerning the proceeding or expressed an opinion concerning the
merits of the particular case in controversy.