Quote:
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.â€
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.â€
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Kagan punctuated the first sentence of this email to Tribe with two exclamation marks: “I hear they have the votes, Larry!! Simply amazing.â€
http://www.cnsnews.com/news/article/kagan-tribe-day-obamacare-passed-i-hear-they-have-votes-larry-simply-amazing