Elena Kagan Recusal: Supreme Court Won't Hear Arguments Asking Her To Sit Out Obama Health Care Law Case
WASHINGTON — The Supreme Court won't hear arguments from a conservative watchdog group that wants Justice Elena Kagan disqualified from deciding the constitutionality of President Barack Obama's national health care overhaul.
Freedom Watch asked the high court for time to demand Kagan's recusal or disqualification during arguments on the Patient Protection and Affordable Care Act. The law is aimed at extending health insurance coverage to more than 30 million previously uninsured people and would, by 2019, leave just 5 percent of the population uninsured, compared with about 17 percent today, according to the Congressional Budget Office.
Justices, who will be hearing more than five hours of arguments on the health care overhaul, rejected the request without comment.
A little different between someone whose wife works attacking Obamacare versus someone who was the chief legal person in the White House when this passed.
BTW, the general rule on recusals with Supremes is that other justices expect the possible conflict of interest person to recuse themselves. They don't tend to force them out. Possibly one reason Ms. Kagan didn't.
Strategy time: Some pundits believe that the Dems want the Supremes to rule against mandatory insurance because it will shorten the time needed to break down the current system and replace it with the British model of goverment healthcare.
Thomas Sowell: There are no solutions, just trade-offs.
Probably why Thomas didn't either. It wasn't just Thomas' wife...He appeared at enough Republican functions himself that there was little doubt about impartiality.
