1 The question was pretty moot.  None of the Obama crowd seems very concerned about rules or appearances anyway.

2 What do I think? Eeyore, eeyore. It is clearly unconstitutional, but the liberals on the court will contort their logic however necessary to not rule that way.  It would go a long way in restoring some of my faith if the court rules properly, but like I said eeyore.

3 Well, of course she won't recuse herself- after all Barry needs her vote now doesn't he? Here's something else the Ministry of Truth MBM won't be reporting on soon: I went to the pharmacy last night to pick up a prescription for Mrs. Nighthawk and discovered that, thanks to the Glorious People's Healthcare Law my $20 co-pay has been decreased to $53. Way to bend the cost curve there Barry. So in the immortal words of Lt.Col Frank Slade: "Barry, Nancy, Harry- if you're out there... FUCK YOU!!"

4 any proceeding in which his impartiality might reasonably be questioned

Just words, apparently.

5

Gabe,  What do the other justices think about stuff like this?  I know that's kind of a crystal ball question - I guess I'm wondering if they ever get together and say "you know, you might want to sit this one out and here is why".  One side of me thinks that they would never do that to one another but the other side thinks that they would view it as protecting the eventual ruling from future scrutiny.

6 And yes I realize that the view of your post is that she does not need to but I'm wondering anyway.

7 So it will all boil down to what Kennedy says then, in all likelihood. If this turdflop of a bill is upheld, there really will be no limit on what the government can enact.

8 Yeah, I said that yesterday. It is obvious that this admin care noting for the rule of law. If it wouldn't be a total waste of time I would be screaming for impeachment of both Obama and her.

9 Why the fuck would she recuse herself?  She was put there to ram it through.  Fucking thugs.

10

Rule of law - kaput.

Rule by law - in progress

Rule by man - on deck

 

Man, those old musty dusty documents like the Constitution, Declaration of Independence, Manga Carta need to go.  They might give the serfs the wrong idea of how the Ruling Class works in real life.

11

The biggest piece of social legislation in a lifetime and she's going to recuse herself?  Not a chance.  To a liberal, the judiciary is just another extension of the legislature - just need to make sure it has enough votes to get their laws passed.  The only distinction between them and say, Bernie Sanders, is they need to go through the whole kabuki show of trying to appear impartial.

12 Maybe the rest of the court will finish that beating with the ugly stick and convince her otherwise.

13 This needs to be said loudly and often:

"Political Correctness is nothing but a series of polite lies told to keep from hurting people's feelings. When you forget that they are lies - when you start to believe politically correct statements are the truth you are in deep trouble."

14 7 So it will all boil down to what Kennedy says then, in all likelihood. If this turdflop of a bill is upheld, there really will be no limit on what the government can enact.

Posted by: GnuBreed at February 04, 2011 08:17 AM (zS9N4)

The result of Borking Bork. We need to have more vision and Bork whomever Barky nominates. It's more important than it seems at the time.

15 I launch a galactic loogie at the fools who retardedly stated that Kagan was not the hill to die on.

16 The result of Borking Bork. We need to have more vision and Bork whomever Barky nominates. It's more important than it seems at the time.

Expect Republicans to 'keep their powder dry'.  Because that is what they do when it comes to judicial appointments.  We already should have Borked Kagan and Sotomayor. 

Seriously, Republicans need to start playing by the Dem playbook.  If Dems are ignoring court rulings they don't like, we need to do the same.  If they are filibustering judges because they don't like their politics, we should too.  If they mandate things, so should we.

Because if you follow the rule of law when the other side doesn't, you wind up with a basket case banana republic where you enforce laws you don't like while your laws are ignored.

17 "If, erah, we erah, allow this, erah, woman, Kagan, to sit on ouah, erah, Supreme Court, we're going to have a, ah, country where the, erah govmint will be able to take youah kids away if you feed them the wrong, erah food. "

18 "If, erah, we erah, allow this, erah, woman, Kagan, to sit on ouah, erah, Supreme Court, we're going to have a, ah, country where the, erah govmint will be able to keep you from, erah, having a lifesaving operation because you belong to the wrong political party or, erah, have the wrong culla skin."

19 I can see Harper's Ferry from my house !

This is not  some academic debate or symposium:  These people systemically dismantling the economy and culture, piece by piece

They ignore judicial rulings and will stop or veto any Repub House legislation--meanwhile subverting existing laws while creating new illegal powers for themselves

This won't end well

20 dagny, maddogg +1

Dumb, Dumber, Dumbest shirk law and principle on grounds that convenience and expediency maintain full priority, to enable the opponent so as to get on with getting along without rocking the progressive boat. 

21 "If, erah, we erah, allow this, erah, woman, Kagan, to sit on ouah, erah, Supreme Court, we're going to have a, ah, country where the, erah govmint will come into youah house in the dead of night with jack-booted thugs and take everything you own whenevah they, erah, want to!"

22

I guess we can only hope that Kennedy is still really pissed at Obama for his dressing down during last years SOTO.

That, or that Kennedy realizes the mandate is illegal.

If this passes through the SCOTUS then we're boned. We'll have lost Kelo v New London and then this.

So we won't really "own" our own land  and we can be foreced to buy anything because of the commerce clause.

23 "The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."

Federalist No. 78

24 It it was a 4-4 tie how do they decide who wins? A round robin potato sack race?

25

Really, every time they say the right is "uncivil" I want to scream "Bork", "Thomas", "Alito"

Eventhough Christi isn't pure, he is the only republican I've seen that would toss their constant demeaning  obnoxious horseshit back in their faces without hemming and hawing and trying to sound civil.

I keep reading things HERE where I've noticed that people have absorbed lefty information and internalized it. There is no way to educate the masses but just a few need to stand up to them. In the last day I've read two things that are just plain wrong if they are properly researched: 1. Beck's ratings are plummeting, and 2. Cuccinelli is pro amnesty. I won't even mention the plethora of crap painting Egypt as the flipping enlightened fighting tyranny.

Neither is true but the lefties are so pervasive in their propaganda and even their internet hits are carefully constructed or just bow to their constant politicizing.

They are good at covering everything. Try googling "marijuana facts" most of the info eventually leads back to a Soros/Code Pink financed site.

 

26 24 It it was a 4-4 tie how do they decide who wins? A round robin potato sack race?

I was hoping the tie-breaker would be a fight to the death between the chosen champion from both sides.  Dang.

27 26 Chief Justice, I think.

28

Leftists are evil. They do not heed, understand, support, or recognize the Rule of Law because they are simply promiscuous drug-addled neo-aristocrats in hipster clothing with a rabid thirst for unrestricted power. There is no such thing as an American Leftist. You can only be one or the other. All leftists are domestic enemies of the Constitution.

It is time to require that they leave the Union, starting with Chicago and New York. 'Cause I can't imagine living under their neo feudalism one more fucking second.

29 It it was a 4-4 tie how do they decide who wins? A round robin potato sack race?

Posted by: Ben at February 04, 2011 09:00 AM (wuv1c)

I thought I read somewhere (here? Gabe?) that with a 4-4 tie, the lower court's ruling is factored in to break the tie. 

30

It it was a 4-4 tie how do they decide who wins? A round robin potato sack race?

I was hoping the tie-breaker would be a fight to the death between the chosen champion from both sides.  Dang.

That could be dangerous, Kagan was in a gang called the Lizzies back in 1970s New York City.

 

31

24 It it was a 4-4 tie how do they decide who wins? A round robin potato sack race

The lower court ruling then stands

32 29 It it was a 4-4 tie how do they decide who wins? A round robin potato sack race?

Posted by: Ben at February 04, 2011 09:00 AM (wuv1c)

I thought I read somewhere (here? Gabe?) that with a 4-4 tie, the lower court's ruling is factored in to break the tie. 

Posted by: Tami at February 04, 2011 09:08 AM (VuLos)

Correct.  Lower court ruling stands.

33

Posted by: Inspector Asshole at February 04, 2011 09:04 AM (lNoeo)

Well ranted, I.A.

We should be under no illusions that any left-leaning judge will ever put law or justice ahead of politics.  When have we EVER seen it happen?  I can't remember a single time.  They will do whatever they can get away with.  As far as I'm concerned they are willfully perverting the supreme law of the land - they are traitors, and deserve a traitor's fate. 

That is why every Libtard SCOTUS nomination should be fought to the death. 

34 That could be dangerous, Kagan was in a gang called the Lizzies back in 1970s New York City.

That was many, many hoagies ago.

35 KFC fish sandwich crushes Chinese Obama?  See it here.

36 24 It it was a 4-4 tie how do they decide who wins? A round robin potato sack race? Posted by: Ben at February 04, 2011 09:00 AM (wuv1c) They fight it out with sweat socks packed with horse shit.

37 #28 - Inspector A**hole: "Leftists are evil. They do not heed, understand, support, or recognize the Rule of Law because they are simply promiscuous drug-addled neo-aristocrats in hipster clothing with a rabid thirst for unrestricted power. There is no such thing as an American Leftist. You can only be one or the other. All leftists are domestic enemies of the Constitution..."

He left out "fascists" in his description, but otherwise ditto what the Inspector said.

38 As long as its not softball

39

Good news people.

Unemployment dropped from 9.4% to 9.0% all because we added 36,000 jobs. Now before everyone says, "that's impossible because 36k jobs isn't 0.4% of the workforce", you should know that 504K dropped out of the workforce entirely.

Zerohedge noticed what AP accidently left out

In two months it has dropped 1.1 million!

40 I get that in the event of a tie the lower court ruling stands, but there have been two different outcomes in lower courts. While not EXACTLY ruling on the same thing, one court says Obamacare legal, another not.
Discuss.

41 AP didn't 'accidently' leave anything out.

42 Tom, depends on which case they accept on appeal.

43 One of the supremes was chief counsel for the aclu and did not recuse herself from a case involving the aclu.

44

Is Kagan refusing to recuse because she doesn't think she did not act with accordance to the law...or because she did and doesn't give a shit because there is no legal remediation mechanism in place if she didn't?

As SG, I would think it was highly likely that she was involved in discussions in how to craft the law in order to preempt any challenge and potential strategies if and when it did get challened in the courts...which, because of the sweeping nature of the law, would eventually get to the SC.

Look up a copy transcript of her confirmation hearings to see how disingenuous she was while dean of Harvard law about military recruiters' access to law students.

45 The Constitution is a moot point until the XIIIth Legio crosses the Potomac.

46 Given her previous conduct, would anyone expect her to recuse herself from an appeal of Gosnell's death sentence?

47 You will note that no one here is even entertaining the notion that any of the 4 liberal justices would rule on the merits.

48 Here are your winnings, inspector.

49 The Desert south west is freezing over, the power grid is about to fail, and they are running out of natural gas.

50 47 You will note that no one here is even entertaining the notion that any of the 4 liberal justices would rule on the merits. Posted by: AmishDude at February 04, 2011 09:49 AM (BvBKY) We all saw what the scorpion did to that poor turtle.

51 You will note that no one here is even entertaining the notion that any of the 4 liberal justices would rule on the merits.

Heh.

52 Democrats never accept any responsibility for the consequences of their misconduct whenever they get caught with their hand in a cookie jar. They always lie and weasel out of it. Why would Kagan be any different? Sleaziness is a way of life for all Democrats. It's the glue that binds them together. 

53 49 The Desert south west is freezing over, the power grid is about to fail, and they are running out of natural gas.

Saw those links on Drudge.  It looks really bad.  Perhaps Obama is going to use this to promote his stupid "Smart Grid" idea. 

The "Indonesian Imbecile" (kudos to "iknowtheleft" for that moniker) was in State College PA just yesterday touting "energy efficiency" in buildings, as if companies won't upgrade their buildings (as economic circumstances permit) unless the heavy hand of government is put upon them. 

54

The statute cited clearly refers to a gender; male with repeated reference to "he", "himself", "his". Kagan is a pre-op female and technically still a "her".

The statute then does not apply to him her.

55 Global Warming is coming.

56 We all saw what the scorpion did to that poor turtle.

Posted by: Nighthawk at February 04, 2011 09:54 AM (RSqz2)

Oh, I'm not saying that it is not absolutely absurd that the liberal justices would rule on the merits.  I'm saying that it's interesting that we don't even entertain the notion that they might.

57 "Liberal justice" is an oxymoron.

58 Duh, of course she won't be recusing herself. Because she'd like have to cuse herself first.

59 Oh, I'm not saying that it is not absolutely absurd that the liberal justices would rule on the merits.  I'm saying that it's interesting that we don't even entertain the notion that they might.

Fool me once, shame on you.  Fool me twice...

60 BTW...Hey Kratos! How's that chaos working out for ya?

61 Canada created nearly twice as many jobs last month as the U.S.

62 I'm saying that it's interesting that we don't even entertain the notion that they might.

While past performance is no indicator of future results ... aw screw it, we all know it is.

63 What's a wise latina to do?

64 60 BTW...Hey Kratos! How's that chaos working out for ya?

Great, thanks for asking.  Everything is "on schedule" IYKWIMAITYD. 

/Speaking of divergent ideas, how can "chaos" be on a schedule?  Hell if I know, I only follow the orders of my employer. 

65 45 The Constitution is a moot point until the XIIIth Legio crosses the Potomac. Posted by: FlaviusJulius at February 04, 2011 09:46 AM (SJ6/3) So who is Caesar in that scenario?

66

Posted by: Bizarro Ted Kennedy

 

I wish I could tell what they have Obama saying before he gets squished. The cheering from the crowd is a bit creepy.

67 Sock off.

68 I am shocked the the protege would have more character than the master.

69

O/T: Sometimes I think we shouldn't call ourselves morons when there are people like this around.

70 The puppy express was closed.

71 Sometimes I think we shouldn't call ourselves morons when there are people like this around.

Or this:  Hole-in-the-floor ashtray apparently leads to fire

72 57 "Liberal justice" is an oxymoron.

Posted by: Tattoo De Plane at February 04, 2011 09:58 AM (mHQ7T)

 

Or it could be a paradox or an irony. Progressives gives us so many options.

73 So ... the justice department demanded that all district judges recuse themselves from the Jared Laughner case - because they knew Judge Roll - and the idiots complied without asking (one of the most insane and outrageous moves in our judiciary that I have ever seen, or even HEARD of) ... but with respect to that troll that the Indonesian installed in the SCOTUS (and who our pathetic GOP Senators allowed to fly through without any problems), who promised that she would recuse herself from shit like this ... the anti-American White House will have nothing to say (and will cover up any real and tangible involvement she's had with the case while she was solicitor general).

Okey doke.  This is the new America.  Devoid of law or reason and as inconsistent as one could possibly imagine.  Lawyers might not be aware (as logic is not their forte) but every theorem is true in an inconsistent system.

74 Beck had a retired policewoman call in who said she does training regarding Islam with cops now.  She said most have no idea what's going on.  When she went to Islamburg (upstate NY) twice, she was asked to leave and complied.  She asked the local police chief if he was worried about having an Islamist training facility in his county.  He said that they try to stay out of their business 'cause they bring in a lot of money. 

75

That could be dangerous, Kagan was in a gang called the Lizzies back in 1970s New York City.

 

---------------------------

 

Lizzies....come out to plaaayhaaaa....

76

50 47 You will note that no one here is even entertaining the notion that any of the 4 liberal justices would rule on the merits.

--------------------------

What is this "merit" you speak of?

77 47 You will note that no one here is even entertaining the notion that any of the 4 liberal justices would rule on the merits.

There's no chapter on merit in the empathy handbook.  In fact, merit and law tend to be antgonistic to liberal "ideas".  The law tends to get in the way of liberal dipshits being able to force everyone else to act the way liberals say they should act.

Eventually the fact will be totally undeniable and will force a radical reorganization of this nation: no one can live with liberals.  No one.  Liberals even hate themselves, which is the one attitude they have correct.

78   She asked the local police chief if he was worried about having an Islamist training facility in his county.  He said that they try to stay out of their business 'cause they bring in a lot of money.

And this is why the ground zero mosque will eventually be built.

79 Ace,

You ever read any of this white house insider... also never mentioned in the MBM... it's EPIC Jerry...
http://tinyurl.com/4w5f5wb

80 New Yorkers are so special. They won't allow a Walmart to be built in their city, which will bring convenience to shoppers and jobs to the city. But they're in favor of a mosque at Ground Zero. It's like I've always said, it's their craziness, depravity and stupidity that defines Democrats, not their politics.

81 The fact is that recusal is solely at the discretion of the Justice involved.  There is NO mechanism or authority to force a Justice to recuse himself.  So, whether or not the principles upon which recusal should be based are observed or not depends upon the quality of person appointed.

Bottom line:  elections matter.  Blame the so-called "conservatives" and "Republicans" and "libertarians" and "conservative/libertarian-leaning independents" who either stayed home, voted third party, or >gag< voted for Obama in 2008.  They are responsible for every vote of both Kagan and the Wise Latina.  It is their stupidity and shortsightedness for which our nation will be paying the price for a generation.  Thanks, jerks!

82 Recuse herself?  Why should she recuse herself?

Cases like these are the SOLE REASON SHE WAS APPOINTED TO SCOTUS !

Silly you for not quite understanding that.

(OT- It's the same reason that the Soros-funded Secretary of State project was initiated:  to pack the benches of "deciders" among the individual states with folks who can be depended on to carefully and analytically determine that the Left-Progressive candidates won legally; and that any Conservative or Republican challenges are scrupulously investigated until they can be proclaimed baseless and without merit.)

83 altın çilek - fx15 - leke kremi - yudali - maurers - ozon yağı