HOT PETITION! Ask Congress to impeach Justice Elena Kagan if she refuses to recuse herself from hearing the Obamacare case NFIB v. Sebelius. Please select, sign, and WE WILL FAX your petitionto all 535 members of Congress (saving you time!) We’ve already sent 98,000 fax petitions. Can you help us reach 100,000?
Scalia, Roberts, Kennedy hate Kagan’s Obamacare. Good day at SCOTUS.
I’ve read much of Tuesday’s transcript of the Supreme Court debate against Obamacare, and I have great news to report. I believe we have a very good chance to win, and strike down President Obama’s tyranny. We will win a 5-4 vote to be revealed in June.
Why 5-4? Virtually all analysts agree the four liberal justices, Ginsburg, Breyer, Sotomayor, and Kagan, will rule to defend Obamacare. But not all analysts agree the 5 conservative Justices will stand together. Thomas and Alito are solid, but I’ve read recent criticism about Roberts, Scalia, and Kennedy that say “they’re waffling.” I disagree.
You can read the full transcript for yourself, here. (Then select 11-398-Tuesday. Department of Health and Human Servs. v. Florida.) But here’s my summary:
These blistering questions from Scalia, Thomas, and Kennedy make me believe we’ll win:
ROBERTS: “It’s the same point. You say health insurance is not purchased for its own sake, like a car or broccoli; it is a means of financing health care consumption and covering universal risks. Well, a car or broccoli aren’t purchased for their own sake,
either.” [CHAPS COMMENT: Chief Justice Roberts is already arguing the government cannot force people to buy broccoli, therefore they cannot force people to buy health insurance. Roberts will rule against Obamacare.]
[OBAMA’S SOLICITOR GENERAL] VERRILLI: “No. The, the — we think that in a — when — the difference between those situations and this situation is that in those situations, Your Honor, Congress would be moving to create commerce. Here Congress is regulating existing commerce, economic activity that is already going on, people’s participation in the health care market, and is regulating to deal with existing effects of existing commerce.”
JUSTICE ANTONIN SCALIA: “Oh, no, it’s not. They all involved commerce. There was no doubt that was what regulated was commerce. And here you’re regulating somebody who isn’t covered. By the way, I don’t agree with you that the relevant market here is health care. You’re not regulating health care. You’re regulating insurance. It’s the insurance market that you’re addressing and you’re saying that some people who are not in it must be in it and that’s — that’s difference from regulating in any manner commerce that already exists out there.” [CHAPS COMMENT: Anytime Scalia says ‘Oh, no, it’s not…I don’t agree with you,’ you’ve lost his vote. Scalia will vote against Obamacare.
That leaves only Kennedy as the swing vote. He’s hard to read. But here’s the punchline:
JUSTICE KENNEDY: “Could you help — help me with this. Assume for the moment — you may disagree. Assume for the moment that this is unprecedented, this is a step beyond what our cases have allowed, the affirmative duty to act to go into commerce. If that is
so, do you not have a heavy burden of justification? I understand that we must presume laws are constitutional, but, even so, when you are changing the relation of the individual to the government in this, what we can stipulate is, I think, a unique way, do you
not have a heavy burden of justification to show authorization under the Constitution?” [CHAPS COMMENT: Justice Kennedy is saying Obamacare has a high burden of proof that it’s authorized under the Constitution. That means Verrelli won’t meet it. Kennedy will rule against Obamacare. WE WILL WIN. 5-4 DEFEAT OVER OBAMACARE.]
Sadly, Justice Kagan proved her judicial activism by endorsing Obamacare outright:
JUSTICE KAGAN: “Well, Mr. Clement, now it seems as though you’re just talking about a matter of timing, that Congress can regulate the transaction. And the question is when does it make best sense to regulate that transaction? And Congress surely has it within its authority to decide, rather than at the point of sale, given an insurance-based mechanism, it makes sense to regulate it earlier. It’s just a matter of timing.”
[CHAPS COMMENT: Is anyone surprised? Kagan helped write, lobby, and pass Obamacare, and now she openly declares “Congress can regulate the transaction…it makes sense to regulate it earlier. It’s just a matter of timing.” Who will stand with me and demand Congress begin Kagan’s impeachment proceedings?]
Congressman: Obama & Holder stonewalling Kagan’s recusal from Obamacare
This week the Washington Times published a blistering article written by Congressman Lamar Smith (R-TX), demanding Supreme Court Justice Elena Kagan recuse herself from hearing the Obamacare case NFIB v. Sebellius next month. Coincidentally, we have faxed nearly 100,000 petitions to all 535 members of Congress. So Rep. Smith wrote to us:
“. . .The Affordable Care Act became law on March 23, 2010, and legal challenges were filed almost immediately. At the time, Justice Kagan was serving as the administration’s chief legal adviser on challenges to federal law, especially Supreme Court challenges. It would have been her job to consult with and advise the administration on how best to defend the new law.
“Justice Kagan was nominated to the Supreme Court on May 10, 2010. What Congress and the American people want to know is what role then-Solicitor General Kagan played prior to her nomination.
“The House Judiciary Committee, along with its Senate counterpart, is the legislative guardian of our Constitution. As chairman of the committee, I have sought to make public the facts relating to whether Justice Kagan should participate in the Supreme Court’s consideration of this important subject. For eight months, I have sought information from the Justice Department regarding what, if any, role Justice Kagan may have played in discussions about the constitutionality and prospective litigation over the president’s health care law.
“Since July 2011, I have written Attorney General Eric H. Holder Jr. on five occasions requesting that the Justice Department provide relevant documents and emails and produce witnesses for interviews. But instead of working to quiet questions by disclosing the facts about Justice Kagan’s prior health care reform-related work, the department has been stonewalling Congress, fueling speculation that there is something to hide. . .
“The rules regarding recusal are clear. The current recusal law, enacted in 1974, bars justices from hearing certain cases in which they were involved as government lawyers. If Justice Kagan participated in legal or procedural discussions regarding the health care law challenge, she should be recused from ruling on the case. The intent of recusal is to prevent any personal or professional bias that may impact a justice’s decision. . .
“The department has given no good, justifiable reason to deny this congressional request. The administration still refuses to release the relevant documents. This perpetual stonewalling is not just bad governing; it proves that the president’s campaign promises of openness and transparency were empty. . .”
Chairman Smith’s cry for help demands our public response. Let’s bury all Congress in fax petitions today. Please sign our petition demanding Justice Kagan to recuse herself or face impeachment.
Four Senators demand Kagan recuse Obamacare. We demand impeachment.
After YOU helped fax thousands of petitions, four top-ranking Republican Senators agreed with us and demanded Justice Kagan recuse herself from the Obamacare case. In a letter signed by Majority Leader McConnell (R-KY), Whip John Kyl (R-AZ), Ranking Judiciary Grassley (R-IA), and Senator Mike Lee (R-UT), all four rebuked President Obama’s Attorney General Eric Holder, who has obstructed justice and blocked Congressional investigation of Kagan’s bias in the Obamacare case.
“Federal law requires recusal from a case if a judicial officer of the United States ‘has 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.’ 28 U.S.C. § 455(b)(3). In addition, a federal judge must disqualify herself from participating in a matter if her ‘impartiality might reasonably be questioned.’ Id. at § 455(a). It appears that former Solicitor General Kagan’s participation in the Obama Administration’s defense of the PPACA may satisfy both requirements for recusal,” the letter said. You can read the Senators’ full letter here.
Sadly A.G. Holder continues to stonewall Congressional investigations. “Unfortunately, your Department has rejected all Congressional oversight requests for information about her role in the Obama Administration’s defense of this law [Obamacare].” While Holder blocks any justice to help Obama, Kagan scored the touchdown by defending Obamacare, and now she acts as the “instant replay referee” to find no flags on her own play.
Her “impartiality” is obviously flawed, as the Senators point to a March 2009 email Kagan sent to DOJ Legal Adviser Larry Tribe concerning Obamacare: Entitled, “Fingers and toes crossed today!” Kagan emails, “I hear they have the votes, Larry!! Simply amazing.” [How impartial can she be when ruling on this law?]
Political analyist Dick Morris agrees: “As Solicitor-General, Kagan was the point person for defending the constitutionality of federal law before the Supreme Court. She was, in effect, the lawyer supporting the Health Care law. How can she now sit in judgment on it?” Morris has also delivered 19,000+ petitions to Congress, along with our 63,000+.
Can you help us reach 100,000 fax petitions to Congress? Please sign our fax petition.
85 groups + 96,000 petitions demand Kagan recuse Obamacare.
I have amazing news to report. We can stop Obamacare and many tax-funded abortions!
Now leaders of 85 groups represent millions of Americans (including me, Chaps, representing YOU) signed a joint letter to House Judiciary Chairman Lamar Smith (R-TX), as drafted by our dear friend Philip Jauregui, President of the Judicial Action Group, including a veritable “Who’s Who” of Christian and conservative activists, including Family Research Council, Christian Coalition, Eagle Forum, Concerned Women for America, and many tea party groups. You can read our full letter and list of 85 groups here.
The new letter explains we have a “basis to question the impartiality of Justice Kagan if she were permitted to prepare the defense of a case as an advocate and then switch roles and judge the defense of that same case as a justice.” [Chaps’ comment: Imagine going to court, and suddenly the defense lawyer takes over as judge? How unfair and biased! ]
“Attorney General Holder has failed to comply with your repeated requests [to subpoena Kagan’s records] and has characterized your reasonable requests to determine the facts in this matter as ‘unseemly.’ We disagree, and believe that it would be ‘unseemly’ for the system of ‘checks and balances’ to fail to operate in this landmark matter. Accordingly, we respectfully request that you immediately hold hearings to investigate the full extent to which Justice Elena Kagan was involved in preparing the legal defense of the PPACA during her former service as Solicitor General.” [Chaps wants hearings, impeachment!]
Friends, we fought against the pro-abortion funding provisions of Obamacare by faxing over a million petitions to Congress. We fought against Kagan’s appointment to the Supreme Court with nearly a quarter million petitions. We helped persuade 26 state attorneys general to join the lawsuit NFIB v. Sebelius to defeat Obamacare in court.
We’re now joining the final battle at the Supreme Court of the United States, to defeat Obamacare permanently, but one biased Justice Elena Kagan could decide our fate.
I need 10 or 20 folks to please donate $500 or $1,000 extra this week, just to break even. (If anybody thinks I’m getting rich here, they’re mistaken.) Help us help America!
Let’s take one final stand against Obamacare. Take action today. . .
Friends, our Supreme Court will soon decide if Obamacare and it’s pro-abortion tax-funding is Constitutional. Let’s take a stand today, and demand Justice Kagan recuse herself, or face impeachment hearings.
God Bless you, in Jesus’ name,
Chaplain Gordon James Klingenschmitt
For interviews, speaking invites, select here.
P.S. Time is urgent! Please sign our petition today. Prefer to donate by mail? Please mail paper check or money orders to: The Pray In Jesus Name Project, PO Box 77077, Colorado Springs, CO 80970.
