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

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

Harvard sucks.

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

Big Gay Andrew agrees with you.

It will indeed be a better world when Nobody Gives A ****. Hasten unto the day.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

That's well and good, but the real question is: Does she **** goats?
[/John Oliver]

We are justified in knowing. This is a DEMOCRACY, dammit! :mad:
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

What date did you publicly announce your sexuality to everyone?

The obvious retort is: But Kagan is up for the Supreme Court! ZOMG!

To which a good reply is...

Don't you remember when Alito was nominated? Everyone wondered if he was gay.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

When "liberal" became a taboo word. It's so ... 2000. Around the time when "conservatives" became more concerned with "purity", and less interested in ideas.

"progressive" has been code for "socialist" for years even before 2000... hence the "progressive caucus"... since Dems believe their beliefs as the ultimate of social progress that makes them "progressive"... also who would disagree with "progress"?

edit: She's also being called a moderate because that's the word you want to use to define somebody who isn't moderate but you want the "get-along middle" to go for it. In general a progressive is as moderate as a die-hard conservative... but such are labels.
 
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