“Presidential Administration”

September 9, 2013

Over at the blog The Volokh Conspiracy JOSH BLACKMAN writes: The Question No One Asked at Justice Kagan’s Confirmation Hearing: Why did she wall herself off from the Obamacare Litigation.

Justice Kagan is the one who wrote her law thesis on our administrative President’. It was published in 2001, in the Harvard Law Review … titled “Presidential Administration”, JICYWTK. What the hell did you think she was doing as a Justice on the Supreme Court??? She’s an Alinkskyite, like Hillary is. Yes that’s a COMMUNIST … They hide under the cover of early 20th century

It’s important to understand how the pieces fit together.

For those that don’t know, Eugene Volokh, the blog’s owner,  is a law professor at UCLA… So read the article if you really want to know. It’s intriguing how the left has organized you, and your world, is it not?

Kagan to Tribe on Day Obamacare Passed: ‘I Hear They Have the Votes, Larry!! Simply Amazing.’

November 15, 2011

Justice Elana Kagan cheered the passage of Obamacare in the US House.

According to US law a justice must recuse themself from a case anytime they have “expressed an opinion concerning the merits of the particular case in controversy.” Clearly, Kagan expressed an opinion on Obamacare.

Here’s proof.

CNS News reported:

On Sunday, March 21, 2010, the day the House of Representatives passed President Barack Obama’s Patient Protection and Affordable Care Act, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released late Wednesday to the Media Research Center, CNSNews.com’s parent organization, and to Judicial Watch.

“I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails.

The Justice Department released a new batch of emails on Wednesday evening as its latest response to Freedom of Information Act requests filed by CNSNews.com and Judicial Watch. Both organizations filed federal lawsuits against DOJ after the department did not initially respond to the requests. CNSNews.com originally filed its FOIA request on May 25, 2010–before Elena Kagan’s June 2010 Supreme Court confirmation hearings.

The March 2010 email exchange between Kagan and Tribe raises new questions about whether Kagan must recuse herself from judging cases involving the health-care law that Obama signed–and which became the target of legal challenges–while Kagan was serving as Obama’s solicitor general and was responsible for defending his administration’s positions in court disputes.

According to 28 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”

In response to questions from CNSNews.com, Prof. Tribe said on Thursday that other than the references in his email exchange with Kagan on March 21, 2010, he never had any communications with Elena Kagan while she was solicitor general relating to pending or enacted health-care legislation or actual or anticipated health-care related litigation. Tribe also said he sees no reason to believe 28 USC 455 would require Kagan’s recusal from cases involving PPACA.

The March 21, 2010 email exchange between Kagan and Tribe was started by Tribe who addressed an email to Kagan at her Justice Department email account. Tribe also copied this message to another individual, whose name has been redacted from the version of the document DOJ released to the MRC.

The subject line on Tribe’s email reads: “fingers and toes crossed today!”—an apparent reference to the unusual Sunday vote on the health-care bill that would occur later that day in the House. In the email, Tribe reminded Kagan of a dinner meeting they had to postpone and suggested they reschedule it.

Kagan responded to the message in a return email that is addressed solely to Tribe. The subject line on this Kagan-to-Tribe email is: “Re: fingers and toes crossed today!”

More… John Cooper added:

The law reads:

(a) Any justice, judge, or magistrate judge of the United States
shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

(b) He shall also disqualify himself in the following

(1) Where he has a personal bias or prejudice concerning a
party, or personal knowledge of disputed evidentiary facts
concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter
in controversy, or a lawyer with whom he previously practiced law
served during such association as a lawyer concerning the matter,
or the judge or such lawyer has been a material witness
concerning it;
(3) Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness
concerning the proceeding or expressed an opinion concerning the
merits of the particular case in controversy;”

Executive Dictatorship: Obama Instructs Advisers/CZARS/Cabinet to Push Through Stimulus Projects Without Pesky ‘Congressional Authorization’

October 12, 2011

U.S. Constitution, who needs its “negative rights” crap, things the federal government may not do i.e. limited government, any way. Limit Me, no way …

Executive Dictatorship: Obama Wants Stimulus II Projects(Jobs Bill crap) Without Congressional Authorization

Obama and the Executive Administration Dictatorship … Thank you Justice Kagan for the how-to paper…

Yesterday, after the jobs bill went dead in the Senate .. At the IBEW (unions of electrical workers) meeting that he called, where he was pissed the jobs bill went down in the Senate bu Democrats, he is going to do it anyway.

Any comparisons to Castro or Chavez are purely accidental, I am sure.

And sir, your Oath of Office???

Anti-American Kagan: Lowest Positive Ever in the Supreme Court Justice Nomination Process

July 18, 2010

Gallup has a screwy poll, that supports this totally unqualified nominee — By cooking the books. She is Anti-Constitution, anti-American and should not be confirmed.

Nikki Haley to Make Statement on Thursday, Opposing Kagan Nomination

July 14, 2010

The nation’s leading grassroots military-support organization, Move America Forward, is joining the Judicial Action Group and Tea Party Express in calling on South Carolina U.S. Senators Jim DeMint and Lindsey Graham to oppose the nomination of Elena Kagan to the United States Supreme Court. The groups will be discussing why they are exerting pressure to oppose Kagan, and announcing details of a major TV ad buy.

Nikki Haley is scheduled to attend, and will give her reasons for opposing a Kagan confirmation.

I wonder if Senator Graham is listening?

GOP Keeps Filibuster Option for Anti-American Kagan

June 28, 2010

You would think her written and spoken anti-American opinions on the U.S. Constitution would be enough to deny her the seat on the court. But when both parties are butt-buoys, what can you expect. Go to be a lot of changing going on ion the next few years, lots of changes.

For instance, how is it possible to reform the finance system, and totally ignore Fannie and Freddie and the cause of it all … loans to people who could not repay. Only Congress could do this. And for this we get another 2000 page nobody reads it, incomprehensible bill … sigh.

(WSJ) Republicans are keeping the option of a filibuster on the table as Elena Kagan’s Supreme Court confirmation hearings get underway this week.

Sen. Jeff Sessions (R., Ala.) the highest-ranking Republican on the Senate Judiciary Committee, on Sunday said a filibuster could happen “if things come out to indicate she’s so far outside the mainstream.”

SC Nominee Kagan, Losing Public Support

June 24, 2010

As more of the truth comes out for this anti-American Supreme Court nominee, becomes known. She should not be confirmed, her veiws are extreme, anti-First Amendment, anti-Second Amendment, that should be enough to sway you. If not read her Harvard Law Review Article “Presidential Admininstration” it’s about how the President as dictator can rule America by regulation — Like Chavez does in Cuba.

Rasmussen Reports: Forty-two percent (42%) of U.S. voters now believe Supreme Court nominee Elena Kagan should not be confirmed following the Senate hearings scheduled to begin next week. That’s up nine points from the week President Obama announced her nomination and the highest level of opposition to date in Rasmussen Reports tracking of the Kagan nomination.

Only 35% support the anti-American Kagan.

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