Supreme Court to hear case against Arizona immigration law, Elena Kagan recuses herself
Yesterday we learned that the Supreme Court would hear the case against Arizona’s immigration law next year. This news was quickly followed by the news that Supreme Court Justice Elena Kagan would recuse herself from this case, apparently because of work she had done while employed by the Obama regime as the Solicitor General.
The fact she announced her recusal so quickly after the announcement that the Supreme Court would hear the case tells me she has no intention of recusing herself from the Obamacare hearing or she would already have done so.
I believe that THE reason Barack Obama nominated Elena Kagan in the first place was because of her work on the Obamacare defense and there is no way she will not hear the case.
Are we to believe that while she was employed by the Obama regime she helped to develop the argument against Arizona’s immigration law, but had nothing to do with crafting the defense for Obamacare? I find that to be highly unlikely and totally unbelievable. (Recently released emails also seem to indicate she was involved in crafting the defense for Obamacare.)
It is my belief that the Supreme Court is going to strike down Arizona’s immigration law–even without Justice Kagan’s vote– so she felt safe in making this decision because the Supreme Court has already ruled that Article 1, Section 8, Clause 4 of the constitution grants the federal government the authority to regulate immigration; the left loses nothing with this decision and gains cover in the Obamacare lawsuit. And that is the political calculation that Justice Kagan made.
As the pressure from the right increases for Justice Kagan to recuse herself from the Obamacare hearing the left can now point to this case as “proof” of Justice Kagan’s impartiality even though the result, in my opinion, was never in doubt.
I predict that when she refuses to recuse herself from Obamacare the left will point to this decision as proof that no conflict of interest exists because if there was one, Justice Kagan has already shown us in the case of Arizona’s immigration challenge that she would have recused herself.
The left will then aim their sights at Justice Thomas and demand he follows the example Justice Kagan set and recuse himself from the Obamacare challenge because of the actions of his wife.
America's Watchtower 
I hope she does not sit in judgement of Obamakare. Until that time, she did the right thing.
But then again she’s a Wise Latina.
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You’re right, Mayan did the fight thing here. I am speculating she did it for the wrong reasons but we will have to wait and see.
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Could be very Machiavellian of her. If you’re right, then I will applaud you and cry at the same time.
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The argument for Thomas to recuse himself is a shallow argument at best. Thomas is not responsible for his wife’s actions but Kagan is surely responsible for her own….WM
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I do believe it is worth questioning Thomas’s possible conflict of interest but I do not think he should refuse himself for actions his wife took. There is a clear difference between the issues of Kagan and Thomas.
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Nice deflection attempt, but the the issue isn’t whether or not the Justice is responsible for his wife’s actions. .
The issue is whether or not Thomas actually is impartial if his wife is so heavily involved in, and the family received income, from partisan activities directly related to the subject of the court case.
As to Kagan, the issue is whether or not (IMO) she was involved in the development of the PPACA or in developing defenses for it.
In either case, if either Thomas or Kagan refuse to recuse themselves from the case, there’s really not too much that can be done about it short of impeachment, which I seriously doubt will happen – such a move would be tantamount to tossing a burning torch into a gunpowder storage facility, something I doubt even Michelle Bachmann is dumb enough to do.
So I’m going to make a point of not getting too worked up over it.
Take good care and may God bless us all!
TGY
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You are right, there is nothing that can be done if neither refuses themselves short of impeachment and that is not going to happen. But I do think it makes an interesting discussion.
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Article 1, Section 8, Clause 4 is a correct assumption. Of course it is up to the Executive Branch to enforce all laws. This became an issue under Jackson in his Indian Removal issue where he allegedly was quoted as saying ” Let the Supreme Court enforce it” (the law). As with Jackson we now have a President that cares not for interpretations of the Constitution by the Supreme Court and will do as it pleases. To hell with the law as long as it suits the “Community Activist in Chief”! Also, as with Jackson, we have a racist that will bend the law to his own desire! America is worse off for both of them but Jackson would have called out our Messiah on the White House lawn and dueled to the death with him! So there is some redeeming quality in Jackson. Unfortunately there are none in Obama.
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A very good point, Obama is not enforcing the law so I understand why a state which has to live with the ramifications of Obama’s ineptitude would take the steps they took. But I don’t think SCOTUS will take that into account.
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Well, the Supreme Court is usually wishy-washy with their decisions. SB 1070 could win. after all, they did uphold an illegal alien hiring law that Napolitano signed in 2007. Of course, with most court cases, we aren’t talking about the law anymore, we’re talking about politics.
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Yeah, most decisions are politically motivated. That is why it is so important to have a president who is understands the role of government and the courts.
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All they are in Washington are a bunch of left wing idiots that have no clew as to how or why this is “ONE NATION FOUNDED UNDER GOD” In the Constution it read’s “WE THE PEOPLE”
Tommag Jefferson warned us that the Federal Government would grow to large & it was our responsibility to keep them in check. Well not many people have heeded this warning!
Nowday’s everybody is so wraped up in there own little lives that they could care less about the nation or what is happening all over the world!
I beleve it is time for a revolition to take this country back!15,000,000,000+ in debt & another 4 trillion added everyday. It is time to stop the madness, stop the unions, throw the bums out in Washington & start over with the millitary, businessman large & small, vetrens, farmers ect. that care about this Once Great Nation. Get rid on the United nations, the Federal reserve, all of the left wing raticals, EPA, tripple rudendicy in government. And start over! I could go on & on about this mess. But a WARNING if we do nothing in a Very Shory time we will no longer have a UNITED STATES of America!
Just a few thoughts, I have many more I will post depending on how this is recieved!
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I think you make a great point about people not paying attention because they are wrapped up in their own lives. There are many people who are just so busy trying to make ends meet that they simply don’t have the time to see the bigger picture, and I sometimes wonder if this was done by design to keep people from paying attention. And then there are those people who don’t give a damn about anyone else and only care about how much the government is going to give them. It is a sad state of affairs.
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Steve, this administration does not do anything without a “purpose”. The recusal serves a purpose to them, we on the other hand will not know what it might be until the time is right to bring that purpose to the attention of the American people. Yes, most of us have to go on living our “little” lives, but there are more and more of us paying attention to what is happening than there used to be. I do not believe as Shawn stated that we could care less about what is happening all over the world. I would say we care TOO much about the rest of the world…when we ship money overseas to all these other countries, we are still criticized as a nation. They all want more. What exactly are we “buying” with that money? We should be putting our citizens first instead of every one else, so I do agree we have lost sight of what is truly important to be a nation . Guess we come last in that bigger picture? We need to take care of our own as a family would do, but this government has lost the reason this nation was once a great nation. I agree, Steve, it is a “sad state of affairs”.
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That is a good point Lou, we spend quite a bit of money overseas that could go to good use here, as a nation we do care about what is happening abroad and use our money in an attempt to influence other nations.
I also agree that more people are waking up every day, I just hope enough wake up before the election.
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Hi Steve, I really thing it is by the people’s choice that they do not pay attention to the big picture. You can take care of your life, responsibilities, &( I have Allot) but still keep up with is going on not only in this country, but the entire world! It is simpaly your choice to be informed, read, watch the corect progran’s on TV. Not get so wraped up in yourself & friend’s BS that you can not at least keep up with what is happing in the real world. I see this on Facebook all of the time. Again I could go on & on over these matters. One thing that really bothers me is I can not even wake up my own family about it!
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Shawn, I think part of the problem is that most people turn on the nightly news and get the talking points from the local newsperson and figure that they are up on what is going on. There in is the problem, they only know what they are being told….and most do not look any further than that. Then there are those of us that are not satisfied with that and seek out what is really happening. I doubt they really even think about whether there is more to it. As for your own family, I think we all have them in our family and they do not want to hear what you have to say. Either it is because they think you are crazy OR they are afraid you might be right….both probably scare the hell out of them. Just keep doing what you are doing, I think at some point it has to at least put a question in their minds to maybe look into what you are saying.
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A good point, I live a busy life also yet find the time to pay attention to what is going on. Many people probably do decide not to pay attention and if that is what they decide I would prefer they stay home on election day but many of them vote anyway.
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I believe it is Drudge who has a link to the new e-mails that have surfaced regarding her involvement with Obamacare. Looks like indeed she was. Maybe a twofer here, though I am not sure where that leave us with the vote anyway. 4-4 ties leaves the lower court in place.But which ones? My hunch with her recusal this time is that she figures there will be a 4-4 tie, and it is from the 9th Circuit of liberal loonies that ruled on this. Thus it would be upheld.Just guessing on a Wednesday.
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I believe it would leave the last decision in place.
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