The Power of the SCOTUS II: "Release the Kagan!"

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

I look forward to having Kevin James as a Supreme Court justice:

*****http://i.imgur.com/nZ1st.png******

I would have gone another way.

*****http://thesecretsofvancouver.com/wordpress/wp-content/uploads/2009/04/franken4.jpg******

[WeWantMore]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Honest question, how many cases will she have to recuse herself from when she gets confirmed?

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Disappointing, have yet to hear someone play the socialist card. Just need to fill that space on my card and I have a SCOTUS nomination bingo.

Bingo.

[ScottM]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Honest question, how many cases will she have to recuse herself from when she gets confirmed?

Depends on which cases are actually granted Cert., and which ones she may have worked on as SG. I doubt she'd have to recuse herself for every case involving the administration, but that's a conversation she'd probably have with the Chief Justice.

[BoomGoestheDynamite]

Re: The Power of the SCOTUS II: "Release the Kagan!"

If Kagan is confirmed, the age breakdown of the Court now looks like this:

Name	        YOB	Age	O*
Ginsburg	1933	77	L
Scalia	        1936	74	C
Kennedy	        1936	74	M
Breyer	        1938	72	L
Thomas	        1948	62	C
Alito	        1950	60	C
Sotomayor	1954	56	L
Roberts	        1955	55	C
Kagan	        1960	50	L

(*Orientation: Moderate, Liberal and Conservative)

If Obama also gets to replace Ginsburg, with her poor health and advanced age, he will have successfully defused the L's demographic time-bomb.

For one issue at least (abortion) there has been a persistent rumor that Kennedy was open to reversing the decision in Roe, he just didn't want to bethe vote that did it in a 5-4 decision. With no backup on the way, I wonder if he'll just bite the bullet and vote to overturn when the chance presents itself.

[unofan]

Re: The Power of the SCOTUS II: "Release the Kagan!"

but that's a conversation she'd probably have with the Chief Justice.

SCOTUS judges are less inclined to recuse themselves simply because there's no mechanism for their replacement on a temporary basis. They are the ultimate deciders, and should only recuse themselves where the conflict is inherent, not simply because it's possibly there (unlike district judges, where the mere appearance of improriety or bias should be enough to get them recused).

My guess is she recuses herself for anything she worked on personally, but that's it.

[Kepler]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Even Scalia calls Roe "a matter of settled law." I can't imagine a centrist like Kennedy ever making that move, and I don't think Roberts yearns to enter the bonehead hall of fame next to Roger Taney.

Obviously, the opposition will keep dripping acid on the decision (c.f. Casey) whenever they can, until medical technology makes it moot.

[WeWantMore]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Fun little scenario developing for Arlen Specter. When Kagan was up for the solicitor general job, Arlen was still pretending to be a Republican, and voted against her. Now, he's facing a primary challenge from the left, and is falling over himself trying to backtrack from that vote.

[moe24]

Re: The Power of the SCOTUS II: "Release the Kagan!"

SCOTUS judges are less inclined to recuse themselves simply because there's no mechanism for their replacement on a temporary basis. They are the ultimate deciders, and should only recuse themselves where the conflict is inherent, not simply because it's possibly there (unlike district judges, where the mere appearance of improriety or bias should be enough to get them recused).

My guess is she recuses herself for anything she worked on personally, but that's it.

You are absolutely right about that, and there are recent court rulings (sorry, I don't have links handy) that back that opinion up.

[Priceless]

Re: The Power of the SCOTUS II: "Release the Kagan!"

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President Obama announced this morning his nominee for retiring Justice John Paul Stevens's Supreme Court seat: Solicitor General Elena Kagan. Widely regarded by those on both sides of the aisle as one of the nation’s top legal minds, Kagan, 50, has forged a groundbreaking career in law and government service, distinguishing herself through her intellect, integrity, judgment, and work ethic.

Here are a few things you should know about Elena Kagan:
1. Elena Kagan was the first female dean of Harvard Law in the school's 186-year history. During her tenure, she fostered consensus among differing viewpoints, promoted a diversity of opinions, and encouraged a respectful exchange of ideas, earning her great admiration among the student body. She also instituted a financial program that encouraged and assisted students in choosing careers in public service.
2. If confirmed, Kagan will be the fourth woman ever seated on the nation’s highest court. And, for the first time, the Supreme Court would have three women serving together.
3. In 2009 Kagan was confirmed with bipartisan support as the first female solicitor general of the United States. As solicitor general she represents the U.S. government before the Supreme Court. When she was nominated, every solicitor general from the past 25 years—both Democrats and Republicans—wrote a letter of support, noting Kagan’s “brilliant intellect,” “candor,” and the “high regard in which she is held by persons of a wide variety of political and social views.”
4. Kagan has stood up for the rights of ordinary citizens and shareholders against corporations in her work as solicitor general. And even though she knew the odds were long, Kagan chose Citizens United v. Federal Election Commission as the first case she argued before the Supreme Court, defending campaign finance reform against special interests spending unlimited money in an attempt to influence elections.
5. Kagan studied history at Princeton University and later attended Harvard Law School, where she served on the Harvard Law Review. After graduation, Kagan clerked for Judge Abner Mikva on the U.S. Court of Appeals and Justice Thurgood Marshall on the Supreme Court. She credits Marshall with reminding her that “behind law there are stories—stories of people’s lives as shaped by law, stories of people’s lives as might be changed by law.”
6. President Obama and Elena Kagan were colleagues at the University of Chicago Law School in the 1990s before Kagan joined Harvard Law. As an academic, her scholarship focused on issues ranging from freedom of speech to government policy making—issues that have had a profound effect on daily life.
7. Kagan is the granddaughter of immigrants and grew up in a family that emphasized service to others. Her parents were the first members of her family to attend college, and both parents taught their daughter the value of public service. Kagan’s father was a housing lawyer who fought for tenants’ rights. Her mother was a public school teacher. Kagan would follow in both parents’ footsteps, becoming both a lawyer and a teacher and inspiring the next generation of public servants.

As the debate over her nomination takes shape, it's crucial that we show support from every corner of this country.

[jmh]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Harvard sucks.

What? It's still a college hockey message board, isn't it?

[bronconick]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Harvard sucks.

What? It's still a college hockey message board, isn't it?

Well played.

[ScottM]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Harvard sucks.

What? It's still a college hockey message board, isn't it?

Is Freddy Meyer still a hack?

[moe24]

Re: The Power of the SCOTUS II: "Release the Kagan!"

Is Freddy Meyer still a hack?

Yes, and Giada still has huge melons... and we all love bacon.

[huskyfan]

Re: The Power of the SCOTUS II: "Release the Kagan!"

so Kagan is in the closet?? I'd respect her more if she wasn't. (in the closet that is)