×

Justices Pressured to Sit out Healthcare Case

( 1 vote, average: 2.4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
While Republicans argue that Kagan's previous role as solicitor general under President Obama is reason for her disqualification from the case, Democrats assert that Thomas should not be involved in the case due to his wife's connection to Tea Party groups that have fought for the repeal of the health care law.

GOP presidential candidate Herman Cain released a statement requesting that Kagan “recuse herself immediately from the Obamacare case.” The statement went on to assert that justices “of the highest court in the land should be impartial, strictly follow the Constitution and should not carry water for former employees in the White House.”



Further adding fuel to the debate is an email to Justice Laurence Tribe in which Kagan applauded the passage of the Obama administration's health reform law. “I hear they have the votes, Larry!! Simply amazing,” read the email. However, Kagan maintains that in her previous position, she was not involved in any of the Affordable Care Act deliberations.

Republican lawmakers have requested an investigation to determine exactly what role Kagan did play in formulating the legal defense to challenges to the health care law, while holding the position of solicitor general.

However, if Kagan's ability to participate in the case is to be questioned, certainly Thomas' participation must also be considered. Earlier this year, more than 70 Democrats wrote to Thomas and asked him to recuse himself due to a conflict of interest stemming from his wife's work at the conservative non-profit political advocacy group, Liberty Central. “Your spouse is advertising herself as a lobbyist who has ‘experience and connections' and appeals to clients who want a particular decision—they want to overturn health care reform. According to Mother Jones, a liberal magazine, Thomas' wife has earned about $150,000 through her involvement with Liberty Central.

Ultimately, the decision rests with the individual justices and at this point it appears as though neither justice will be sitting this one out. When a justice intends to recuse him or herself from a particular case, it is typically indicated in the cert order and neither Kagan nor Thomas made any such indication last week.

The high court is expected to reach a decision by June.

Popular tags

Health Care Law     

Featured Testimonials

LawCrossing was a nice experience. I got lot of information apart from a huge number of job listings.
NaTasha


Facts

LawCrossing Fact #83: Users who upload their resumes will find jobs more easily because their resumes will look professional to employers who see them.

 
Let's Do It!
Email:

Only LawCrossing consolidates every job it can find in the legal industry and puts all of the job listings it locates in one place.

  • We have more than 25 times as many legal jobs as any other job board.
  • We list jobs you will not find elsewhere that are hidden in small regional publications and employer websites.
  • We collect jobs from more than 250,000 websites and post them on our site.
  • Increase your chances of being seen! Employers on public job boards get flooded with applications. Our private job boards ensure that only members can apply to our job postings.

Success Stories

LawCrossing has the most listings of any job board I have used. It's actually a great site. The website had a lot of detail. It’s nice that you don't have to go through a recruiter if you don't want to. You can actually contact the law firm directly for the positions listed. LawCrossing had a ton of great features.
  • Brian McMillan San Francisco, CA