Friday, March 16, 2012

Gmail - ObamaCare Bias On The Supreme Court - rejackh@gmail.com

Gmail - ObamaCare Bias On The Supreme Court - rejackh@gmail.com


ObamaCare Bias On The Supreme Court
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Conservative Byte Alerts alerts@conservativebyte.com to me
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ObamaCare Bias on the Supreme Court
URGENT: When it comes to ObamaCare, Barack Obama's hand-picked Supreme Court Justice Elena Kagan IS NOTCANNOT and WILL NOT be an impartial judge.
And with the ObamaCare Supreme Court hearings a little more than a week away, we don't have any time to waste...
If Justice Kagan continues to violate the spirit and letter of the law by refusing to recuse herself from the case, it is up to us - the American people - to force her recusal!
That's because there is no question that Kagan's bias in favor of ObamaCare could very well sway the Court to make Obama's government-dictated healthcare scheme the law of the land FOREVER.
And if that happens - if the Obama Administration's mandate forcing you and your family to buy government-approved insurance stands - you can kiss what freedom we have left goodbye! Think about it... What limits on the federal government will be left?
Make no mistake, Barack Obama not only knows that he can rely on Justice Kagan to rule that ObamaCare is constitutional, he is counting on her to use her known bias to convince her fellow justices to do the same.
On the day ObamaCare passed in Congress, Kagan could barely hide her excitement in a series of emails. Then-Solicitor General Elena Kagan wrote in an email to liberal Harvard Law Professor Laurence Tribe, who was serving in the Justice Department at the time, "I hear they have the votes, Larry!! Simply amazing."
And Kagan, as Obama's Solicitor General, had a direct role in the crafting the legal defense for ObamaCare, which makes her legally unfit to participate in the case on the Supreme Court.
As Carrie Severino, a former Supreme Court Clerk for Justice Clarence Thomas and current chief counsel of the Judicial Crisis Network, put it,
"As President Obama's top advocate, Kagan headed the office responsible for formulating the Administration's defense of PPACA [ObamaCare] - and oversaw the arguments both on appeal and in the lower courts because of PPACA's national importance."
Federal law is clear about when a judge must recuse herself or himself from presiding over a case because of a conflict of interest.
28 U.S.C. 455(b)(3) deals specifically with the recusal obligations of judges who are former government employees. It states that recusal is required when a judge "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."
And, 28 U.S.C. (a) states:
"Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his [or her] impartiality might reasonably be questioned."
Is there any doubt in your mind that Kagan would be "impartial?" Is there any doubt in your mind that her "impartiality" isn't "questioned" here?
Even some liberals are admitting that Kagan needs to recuse herself.
Georgia State constitutional law professor Eric Segall, a self-described liberal and loyal Democrat, is urging Kagan to do the right thing - to obey the law - and refrain from participating in the ObamaCare case before the Supreme Court:
"She attended at least one meeting where litigation was discussed. It is of course possible that she personally stayed out of those discussions. We don't know how fully Kagan was involved because the White House (perhaps for legitimate reasons unrelated to this controversy) has not released all of the relevant emails about the matter. We might never know, but that lack of certainly points to recusal, because it raises serious doubts."
The upcoming Supreme Court decision is a real chance to get rid of ObamaCare. If Kagan isn't recused, her clear inability to be impartial may steer the Court to do the unthinkable... to rule that ObamaCare and all of its mandates are constitutional. If that happens, ObamaCare may well become the law of the land - FOREVER.
As Senator Jeff Sessions (R-AL) recently titled a piece on the issue for National Review, "Kagan Must Recuse Herself from Obamacare Case." The "facts," he wrote, "require recusal."
And that is precisely why patriotic Americans like you can't give up the fight. Now is the time to turn up the heat.

Yours In Freedom,

Jeff Mazzella
President

Center for Individual Freedom
917-B King Street
Alexandria, VA 22314
Phone: 703-535-5836
Fax: 703-535-5838
CFIF is a 501(c)(4) not-for-profit constitutional advocacy organization
with the mission to protect and defend individual freedoms and individual rights.
Contributions to CFIF are not deductible as charitable contributions
for federal income tax purposes.



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