(CNSNews.com) – When the Supreme Court on Monday began hearing oral arguments in the cases challenging the constitutionality of the Patient Protection and Affordable Care Act—AKA “Obamacare”—Supreme Court Justice Elena Kagan showed up to hear the arguments and gave no indication she would recuse herself from judging the cases even though she had cheered enactment of Obamacare as an Obama political appointee and had personally assigned her top deputy in the Obama Justice Department to defend the law in federal court.
A federal law, 28 USC 455, says a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned” or anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”
During her confirmation process in the Senate Judiciary Committee, Kagan assured the committee in written responses to its questionnaire that she would follow the “letter and spirit” of 28 U.S.C. 455.
On Monday, the court heard lawyers’ arguments about whether the Anti-Injunction Act of 1867 prevents the court from hearing cases challenging the constitutionality of Obamacare until after someone has had to pay a “penalty” for not buying the health-insurance mandated by the law. Kagan sat in the court as the lawyers presented their arguments and asked questions about the Anti-Injunction Act’s application to the substance of Obamacare.
At one point, Kagan told one of the lawyers that, in Obamacare, Congress had enacted a “regulatory command” to individuals to buy insurance.
Read More at CNS News. By Terence P. Jeffrey.
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What do you expect from gang obama?
Congress doesn’t have the guts to take action
Goodbye Rule of Law.
What’s next?
Disgusting person. She’s a blatant and arrogant spokesperson for Obamacare. Her presence taints the prestige of the Supreme Court as she is a political advocate, not a judge. Whatever happened to impartiality? Congress and Chief Justice Roberts should be ashamed of themselves for allowing Kagin to be confirmed and to sit in judgement of a law she helped craft and promote while serving Obama.
Why is Kagan sitting in on the ovomitcare discussion ? because we can’t even trust the “SUPREME COURT” anymore !!
Would somebody hack the SECRET meeting oshamea had with 8 Supreme Court Justices about the time he was going to be sworn in………….
Does he have 8 in his pocket?
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”
Thomas Jefferson
The problem with the Supreme Court is that justices nominated to that position hold it FOR LIFE.
That is the most arrogant position for anyone to take. All judges should have to face recall by the people, and she should be the first ever recalled by the people!