(American Thinker) Seventy four Democratic Members of Congress led by noted moderate Anthony Weiner have sent a letter to Supreme Court Justice Clarence Thomas demanding that he recuse himself from any case before the Court related to last year’s health care bill. This follows a more muted comment by Senator Orrin Hatch suggesting the recusal of Justice Kagan on the grounds that she was Solicitor General of the United States until her appointment on August 10 last year to the Court. The battle over the health care bill has formally started
In the case of Justice Thomas, the demand has been made because of his wife’s outspoken opposition to the bill and her involvement in Tea Party type activities. The pretext being used is that Justice Thomas did not disclose her employment at the conservative Heritage Foundation from 1998 to 2003 until recently, even though she is well known in Washington. In the case of Justice Kagan, it is because her role as Solicitor General would have involved discussions on the legal aspects and perhaps strategy of the bill. One the one hand, the Democrats are demanding, on the other a Senator suggested. Therein lies the issue.
Justice Thomas is well-known to be conservative, just as Justice Kagan is known to be more liberal. While Senator Hatch may have a point that Justice Kagan was a major party to the process of forming and passing the health care bill, the case against Justice Thomas first involves his wife, and second, is a pretext to delegitimize his participation in the decision.
As an American, I have reasonable faith in the objectivity of our judges. While I expect their political and world views to be reflected in their decisions, I also trust that we are a nation of laws.
But as demonstrated by the unprecedented manner in which the health care was passed I most certainly do not have faith in the good intentions of 74 of the legislators who tied up the rules of Congress like a pretzel and rammed a deeply flawed bill through Congress in the dark of night. Even Speaker Pelosi, one of the architects, admitted she had not read the bill before the vote. The bill was written behind closed doors in an insult to our democratic process. Now the same people wish to pursue their aims through extralegal means.
I know they will hate the term, but this is a “Hail Mary” play they watch as 26 states have filed suit and two Federal judges have struck down the bill. Popular opposition to the bill is over 60%, and the bill just cost the Democrats their Congressional majority. There has rarely been such a divisive issue.
And now the gloves are well and truly off. The Left has made the Supreme Court a battlefield since the Thomas nomination. They have done their best to demonize and belittle his credentials and opinions. We can expect the vitriol to fly faster than ever before in this case. Health care is the centerpiece of the Left’s political agenda whether achieved legally and legitimately or not.  (full article)
———————-  Previous Discussion Points Below —————————–

It’s a trap.   Being set by the progressive leftists, and being given credibility by the lefty media.   Everyone, well, every reasonable person, knows the Obamacare Healthcare takeover is going to end up at the United States Supreme Court.  The only thing yet to be decided is exactly when the case will arrive.   Opponents of Obamacare want it there as soon as possible.  Supporters of Obamacare, including the White House and administration, want its arrival delayed as long as possible.   However, it is relatively certain whenever the case arrives Judge Elena Kagan will necessarily recuse herself from the case opinion.  Judge Kagan was the White House general counsel for president Obama during the creation of Obamacare.  Experts seem to universally agree that her involvement in the creation of Obamacare will disqualify her from being able to lend objective consideration to the healthcare law.
This means only eight Justices would hear the case.  Current consideration holds that five conservative Justices will side with the states and declare the “individual mandate” portion unconstitutional.  With a full bench this implies a 5-4 conservative win.  If Kagan recused herself (judicially likely) then it becomes 5-3, or worst case scenario a 4-4 split decision.  If a split (4-4) verdict was reached the party bringing the case (in this case the states) would win.    Another reason for the Administration to drag their heels.  With a full bench it could go either way but leans toward the states.   With a Kagan recusal it is almost certain to eliminate any chance the administration has.
Enter the progressive, liberalist, manipulative strategy…..  (the trap) Balance the odds by eliminating a conservative Judge.  This is why they are going after Judge Thomas based on his wife’s associations and incomes. 
(Politico) — Seventy-four House Democrats are asking Supreme Court Justice Clarence Thomas to recuse himself from any health care reform cases, citing reports that his wife financially benefited from efforts to repeal the legislation. The members, led by Rep. Anthony Weiner (D-KingBarfo N.Y.), ask that he “maintain the integrity of this court.”
“The appearance of a conflict of interest merits recusal under federal law. From what we have already seen, the line between your impartiality and you and your wife’s financial stake in the overturn of healthcare reform is blurred,” the members wrote. They cite Thomas’s wife, Virginia, advertising herself as a lobbyist who has “experience and connections” and appeals to clients who want to overturn health reform.
They also say Thomas did not disclose his wife’s receipt of $686,589 from the Heritage Foundation between 2003 and 2006.
There are several lawsuits challenging the health care reform law’s so-called individual mandate. Three cases are already docketed for oral arguments at the appellate court level. The Supreme Court is widely expected to take up the issue. (Full Article)
(snip)
It’s all strategy, manipulations and progressive agenda.  By dragging their heels now they are buying time to hopefully:

  • Gain increased public support for Obamacare.  This has been their primary hope since enacted.  They are hoping the electorate drops the visible distaste and gets used to it.
  • Put the creationary groundwork into place.   This makes forward movement more likely as the systems of the takeover overhaul are set in to place. 
  • Formulate a strategy eliminating judicial opposition.  Set up the public argument for Thomas recusal by leveraging his position against their desire for Kagan to stay seated.

Essentially, it appears progs are setting up a straw man where they will argue for Kagan to stay seated, knowing it is a losing argument they will offer a compromise in the arena of public opinion based on this ‘created issue’ with Judge Thomas.  The progs will say ok, we’ll give up Kagan if you’ll  give up Thomas.  This will be their public position to put themselves in the best defensive light.  Obviously, they (either side) cannot forcibly remove a Supreme Court Justice, but their political manueverings will be in the venue of public opinion.  Not in the courtroom. 
More Obama Al-Taqiyya politics at work…..

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