High court turns aside recusal request on health care challenge
January 23rd, 2012
11:16 AM ET
2 years ago

High court turns aside recusal request on health care challenge

Washington (CNN) – The Supreme Court has turned aside a motion from a political advocacy group that sought to argue Justice Elena Kagan should not participate in the upcoming blockbuster appeals over the constitutionality of health care reform.

The justices without comment on Monday denied the request from Freedom Watch. Kagan herself did not get involved in this particular motion.

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Filed under: Elena Kagan • Health care • Supreme Court
soundoff (20 Responses)
  1. Wire Palladin, S. F.

    What about Scalia and Thomas?

    January 23, 2012 11:18 am at 11:18 am |
  2. Fair is Fair

    Doesn't matter. Obama loses this one 5-4 anyway.

    January 23, 2012 11:32 am at 11:32 am |
  3. Jparker77

    Good. Healthcare in this country sucks & Obama is right to reform it. Question to those who oppose it. Have you ever had to pay $100 out of pocket for a 10 min dr visit? We all know the GOP's responce to health care reform we heard it at a debate " LET HIM DIE!" that kind of thinking is sick. Obama 2012

    January 23, 2012 11:33 am at 11:33 am |
  4. Wire Palladin, S. F.

    Fair – It is the American people who lose 5-4, not Obama.

    January 23, 2012 11:34 am at 11:34 am |
  5. A

    Yet "Freedom Watch" has No problem with Clarence Thomas' direct & blatant conflict of interest on the case. His wife campaigned with teabaggers against our healthcare.

    Gross doublestandard.

    January 23, 2012 11:35 am at 11:35 am |
  6. Sniffit

    "Doesn't matter. Obama loses this one 5-4 anyway."

    Only if Scalia shows zero intellectual honesty and consistency in light of his previous Commerce Clause decisions. That shouuld be noted, but the sad fact is that he's partisan enough to do just that.

    January 23, 2012 11:35 am at 11:35 am |
  7. Navyvet8192

    Healthcare in the US is broken, and I don't think the reforms that President Obama went nearly far enough! I'm an independent, and don't have a huge political view to speak of, but I have been overseas in both europe and asia enough to know there are better ways to take care of our citizens than a market based health system. As long as HMO's dictate to Dr.'s the how's and when's certain treatments can or cannot be given, we'll never have a system that works for the patients.

    January 23, 2012 11:40 am at 11:40 am |
  8. Dr Knowitall

    Kagan should not even be a Justice. The woman is not qualified and is nothing more than an activist.

    January 23, 2012 11:44 am at 11:44 am |
  9. Dr Knowitall

    I watched a 28 year old go into a top flight hospital last weekend and got diagnostic tests, care, and ultimately pain meds free of charge. – We are so terrible in this country aren't we ?

    January 23, 2012 11:48 am at 11:48 am |
  10. KatR

    I predict that SCOTUS will rule that the individual mandate of the ACA is constitutional. Why? Because we the people engage in interstate commerce every day in one way or another. And the Constitution gives Congress the power to regulate commerce between the several states.

    January 23, 2012 11:49 am at 11:49 am |
  11. Bill

    Fair is Fair-

    The law will stand.

    January 23, 2012 11:51 am at 11:51 am |
  12. a little sad

    Dr Knowitall

    I watched a 28 year old go into a top flight hospital last weekend and got diagnostic tests, care, and ultimately pain meds free of charge. – We are so terrible in this country aren't we ?

    January 23, 2012 11:48 am at 11:48 am |

    Who paid?

    January 23, 2012 12:11 pm at 12:11 pm |
  13. Fair is Fair

    Bill

    Fair is Fair-

    The law will stand.
    -------
    I doubt it. It would stretch the commerce clause so far beyond the intent that there would be nothing that congress couldn't foist upon the populace.

    January 23, 2012 12:14 pm at 12:14 pm |
  14. Donkey Party

    Dr. Knowitall -

    You obviously are a typical, ignorant right-winger. Who do you think paid for that 28 year old's visit?

    January 23, 2012 12:16 pm at 12:16 pm |
  15. ViolatorUSA

    The whole health care law was a farse to try and make overlord obama look good and as even the Dems said after it passed....."they will have to do alot of work to fix it"....now as yourself this...what was the big rush to get this law passed unless it IS unconstitutional and if it needs fixed before it is even passed then why not fix it first so that people can actually understand it and so that it will actually do what they say its supposed to then passit....it would have saved alot of headaches instead of just rushing a cock-n-bull law just so they can say they did something....this law sould and will be struck down by the court...as for Kagan...she should be recused because so worked on the bill before it was law and prior to her being a justice....tis called conflict of interest

    January 23, 2012 12:20 pm at 12:20 pm |
  16. Dan

    Dr Knowitall: Nothing is free! It went to our premiums. That is exactly why there should be a mandate in this country! What planet are you from? Turn off the Fox news channel and do a little research on your own. Repeating stupid things doesn't change them to smart things. It's like Fox news is a virus that you get from watching it for two seconds. You can spot the infected a mile away. They froth and foam at the mouth, and utter the same two or three talking points, regardless of the truth. Do some research man! Grab a sense of your own thoughts! Start reading! Real books!

    January 23, 2012 12:29 pm at 12:29 pm |
  17. Truth and Nothing But the Truth

    Unbelieveable.... this woman's presence in the decision will taint the decision. She was CLEARLY involved in this matter while in the Whitehouse and should have recused herself. Leftists just have ZERO moral values. They'll do whatever it takes to inflict their ideology on thsi country. The ends justify the means, right? PATHETIC.

    January 23, 2012 12:32 pm at 12:32 pm |
  18. Truth and Nothing But the Truth

    Jparker77 - Good. Healthcare in this country sucks & Obama is right to reform it. Question to those who oppose it. Have you ever had to pay $100 out of pocket for a 10 min dr visit?
    =============================================================================================
    Yeah, so what? Just about everybody has to do this, except maybe union members with lavish cadillac medical plans. Massive government involvement in the healthcare system has been driving the costs through the roof for decades. Name ONE THING that the government touches that doesn't turn to crap or sky rockets in costs.

    January 23, 2012 12:36 pm at 12:36 pm |
  19. Rudy NYC

    The biggest "complaint" against the ACA is that the personal mandate is unconstitutional. The argument is put forth that never before has a law been written that requires everyone to purchase something. That assertion is not true. I can name something that *everyone* is required to purchase and/or provide for dependents and children. That something is clothing. There are laws all over the place tha trequire you to purchase and own clothing, so that you can wear it in public.

    January 23, 2012 12:45 pm at 12:45 pm |
  20. gt

    and this is something we didnt think would happen....

    January 23, 2012 12:47 pm at 12:47 pm |