Senator Jeff Sessions (R-AL): Justice Kagan must recuse herself from the ObamaCare Case

by Colonel on February 23, 2012

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“As solicitor general of the United States, Justice Elena Kagan served as the head of an office responsible for formulating the Obama administration’s legal defense of Obamacare. Now, the Court will soon hear a constitutional challenge to the health-care law. She still has not announced whether she will recuse herself from presiding over the case as a justice.

According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “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 or controversy.” In United States v. Gipson, the Tenth Circuit held that judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.”” — Jeff Sessions, Copyright 2012 National Review Online

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