So, will Elana Kagan recuse herself from USSC Obamacare case?

[BigRob]

the emails in hand are not enough. too bad we won't be shown the rest so that we would know.

Well, indeed if there is more there that DOJ wont release it could change my opinion...someone needs to keep trying to get it I suppose. But in the absence of that, we can't really demand she recuse herself.

 

[dogtowner]

Well, indeed if there is more there that DOJ wont release it could change my opinion...someone needs to keep trying to get it I suppose. But in the absence of that, we can't really demand she recuse herself.

read all about it

I'm sure they will try but short of invoking the military, there is little to stop the administration from delaying this as long as they need.

 

[mark francis]

Elana Kagan was Solicitor General for the Obama administration while Obamacare was being crafted, and likely had an active hand in making sure it was "legal", by whatever odd definition the Obamanites wanted to use. Mnay people say that, now that she is a Supreme Court justice, she should recuse herself from consideration and judging on a bill that she helped put together.

Suppose the four Constitutional justices (Roberts, Alito, Thomas, Scalia) vote against Obamacare, and the remaining big-govt justices (Ginsburg, Breyer, Sotomayor) vote for it, and Kennedy weathervanes to the left and also votes for it. Then if Kagan were to recuse herelf, the outcome would be a 4-4 tie on the Supreme Court.

And this would make it very significant WHICH case was being examined... because a tie would cause the decision of the previous court (11th circuit in this 26-state case) to be upheld. And that previous court has struck down the Mandate, as unconstitutional.

So Obamacare would quickly die.

So, Kagan could be regarded as the "tiebreaking" vote, by her decision to recuse herself or not. (If she does not recuse, then she would surely vote for Obamacare; if she does recuse, then the 11th circuit's strikedown would become "law" if the other justices vote as described).

Will she or won't she?

Democrats can be expected to cover up facts and lie to protect unflattering democrat deeds and narratives.