Clarence Thomas, Elena Kagan Asked To Sit Out Supreme Court Health Care Case

[ensho]

http://www.huffingtonpost.com/2011/11/26/thomas-kagan-supreme-court-health-care_n_1113980.html

Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out.

Neither justice is budging – the right decision, according to many ethicists and legal experts.

None of the parties in the case has asked the justices to excuse themselves. But underlying the calls on both sides is their belief that the conservative Thomas is a sure vote to strike down President Barack Obama's health care law and that the liberal Kagan is certain to uphold the main domestic achievement of the man who appointed her.

The stakes are high in the court's election-year review of a law aimed at extending coverage to more than 30 million people. Both sides have engaged in broad legal and political maneuvering for the most favorable conditions surrounding the court's consideration of the case.

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will they or won't they...

[no_hypocrisy]

1. What we have right now is a game of Chicken.

Kagan won't recuse herself and leave Scalia and/or Thomas to decide this issue and vice versa. There is no constitutional mechanism to compel a justice to sit out an argument and decision.

[joeybee12]

2. Thomas should sit out all cases...

He has conflicts of interests in too many of them; in the others, he's too stupid to understand the arguments.

[hifiguy]

4. Hell, Thomas and his wife should be in federal prison

for running a judicial influence-peddling bribery operation.

[onpatrol98]

3. We should simply start from scratch...

Send them all home and start over...

[qb]

5. +1000 The Great SCOTUS reboot!