As Expected: Kagan Refuses To Recuse Herself From Deciding, as a Judge, On the Constitutionality of ObamaCare That She Advocated For as an Administrative Official

Ethics don't apply when you're waging truth.

nder federal law (28 U.S.C., 455(b)(3)), judges who have served in government must recuse themselves when they have “participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.”

A federal judge is required by law to recuse himself “in any proceeding in which his impartiality might reasonably be questioned.”

“This has been interpreted to mean that the mere public expression of a legal opinion isn’t disqualifying. But this is no routine case,” the Journal said in July. “Kagan should not undermine public confidence in her fair-mindedness by sitting in judgment on such a controversial case that began when she was a senior government legal official.”

posted by Ace at 12:09 PM

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