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1 jaunte  Tue, Nov 15, 2011 7:22:03pm

This is just the latest.

Recent activities by Supreme Court justices call into question their impartiality and independence, and undermine public confidence in the judiciary. For example:

- Justices Scalia and Thomas attended a secretive political retreat hosted by Koch Industries, the second largest private corporation in the United States and funder of the successful Citizens United challenge to campaign finance laws.
- Justices Thomas and Alito have headlined fundraisers for right-wing groups such as the American Spectator magazine and the Heritage Foundation, lending the prestige of their judicial office to advance the groups’ objectives.
- Justice Thomas failed to disclose that his wife, “Ginni” Thomas, earned nearly $700,000 from the Heritage Foundation between 2003-2007, checking the box “None” for spousal income on his mandatory annual financial disclosure forms.


2 Romantic Heretic  Wed, Nov 16, 2011 5:27:27am

They don't even try to hide who they work for any more, do they?

3 Political Atheist  Wed, Nov 16, 2011 6:46:27am

I have some issues with the article.
So that's three (including Kagan) that would have to recuse. How does that then work, the remaining few rule? Is that adequate consideration? I could maker a case it is not. Three less judges is not really SCOTUS is it?

How did HuffPo manage to overlook the Kagan issue? The have a point to make and an axe to grind. And some scholars disagree that there is any need to recuse over this. We ask jurors to dismiss certain momemnts in trial via judges instructions. "The jury will disregard... etc., etc." Why would we assume the Supreme Court Justices can not do the same? If we have a partisan issue, that's how.

I too have an axe to grind. Medical reform needs to happen. But without further upending constitutional limits on Federal mandate power. The states are empowered the Fed is not. Frankly I find this dramatic expansion via the commerce clause to be a terrible mistake. My state can do better than DC. The commerce clause is already overused.

4 Decatur Deb  Wed, Nov 16, 2011 6:51:06am

re: #3 Rightwingconspirator

No, that's four w/Kagan. The article has Alito at the function, though not on stage. For our Historian Lizards: How often has the USSC lost the confidence of a large part of the citizens? You could count the Warren court in the South.

5 BishopX  Wed, Nov 16, 2011 9:15:14am

re: #3 Rightwingconspirator

With regard to the Kagan issue, this is something completely different from her situation with the Affordable Care Act and until the topic of recusal comes up (which the article didn't bring up) her actions are non-germane. Kagan has not taken a public position on HCR or the ACA since she was appointed to the bench. In contrast Thomas, Scalia and Alito violated the judicial code of ethics and created an appearance of collusion between the justices and the plaintiffs. The article was about that violation and not about healthcare reform per se, so I see no reason why HuffPo would need to mention Kagan aside from playing magical balance fairy.

6 Political Atheist  Wed, Nov 16, 2011 10:12:54am

re: #5 BishopX

They violated a Judicial code that has never, ever been applied to SCOTUS if I read correctly.Suddenly at this partisan juncture we need to retroactively worry about that. Timing is everything.

I'll refer you to an article that I Paged on this.


James Sample, a law professor at Hofstra University School of Law who studies recusal issues, said the outside groups’ calls are misplaced.

“I am generally one of the most pro-recusal scholars you can find, and yet I think in this instance those who are trying to argue for the recusal of Justice Kagan and Justice Thomas alike are opportunists who are trying to use a mechanism that just doesn’t fit,” he said.

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