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 petition to all 535 members of Congress (saving you time!) We’ve already sent 123,000 fax petitions. Can you help us reach 150,000?
Liberals push Supreme Court Justice Roberts to “Protect Obamacare”
Conservative pundit George Will worries the Supreme Court will NOT overturn Obamacare, because liberals are pressuring Justices Roberts and Kennedy to cave.
Will writes liberals “are waging an embarrassingly obvious campaign, hoping [Roberts] will buckle beneath the pressure of their disapproval and declare Obamacare constitutional…”
“Justice Anthony Kennedy is generally considered today’s swing vote, but his acerbic first question to the administration’s lawyer during the second day of oral argument changed assumptions: ‘Can you create commerce in order to regulate it?’
“Concluding that Kennedy might be disposed to overturn the mandate, some Obamacare defenders decided that Roberts’ vote will be decisive. They hope to secure it by causing Roberts to worry about his reputation and that of his institution.
“Recently, for example, Vermont’s Pat Leahy, chairman of the Judiciary Committee, delivered a Senate speech defending the constitutionality of what he calls the “personal responsibility requirement.” (This is his Orwellian appellation for the mandate, whereby government coercion nullifies personal choice regarding insurance.)
“After 37 years in the Senate, Leahy probably no longer knows when he sounds insufferably patronizing, as he did when he said that during oral argument he thought Roberts ‘seemed well aware of the significance of [the Obamacare] decision.’ And ‘I thought I saw a chief justice who understands the importance of this case to all Americans.’ And Roberts ‘seemed to understand’ the deference owed to Congress.
“Leahy intimated that overturning Obamacare would be as momentous, as divisive of the nation and as damaging to the court as was Bush v. Gore, which he asserts ‘shook the confidence of the American people in the Supreme Court.'”
[Dr. Chaps’ comment: Leahy berates Roberts on the Senate floor? Read the full commentary by George Will here, but I have a larger question:
If liberal Senators like Leahy can pressure Justice Roberts to PROTECT Obamacare, why can’t conservative Congressmen demand Justice Kagan RECUSE her Obamacare seat, since she helped write, lobby, and pass Obamacare before now judging it? Let’s keep the heat on Congress to demand Kagan recuse Obamacare, or face impeachment.]
Newsweek: Impeach Scalia, Roberts, Alito if they veto Kagan’s Obamacare
The liberals are reading my playbook. For six months we’ve been petitioning and faxing Congress to impeach Justice Elena Kagan if she won’t recuse herself from ruling in FAVOR of Obamacare, which she helped write, lobby for, and pass before she became a judge. Now a liberal writer at Newsweek Magazine has copied our ploy, demanding all 5 conservative Supreme Court Justices face impeachment if they dare vote AGAINST Obamacare.
David R. Dow, a senior writer at Newsweek and The Daily Beast (somewhat demonic name for a blog?) has just demanded Congress IMPEACH 5 conservative Justices Scalia, Roberts, Kennedy, Thomas, and Alito if they dare uphold the U.S. Constitution. Why? For the simple ‘crime’ of doing their duty. Excerpts from Dow’s (laughable) article follow:
Impeach the Supreme Court Justices If They Overturn Health-Care Law. (by David R. Dow.)
“The Roberts Court’s rulings appear to be a concerted effort to send us back to the Gilded Age. If they dump the Affordable Care Act, writes David Dow, we should dump them,” Dow writes. “The problem with the current court is not merely that there is a good chance it will strike down a clearly ‘constitutional’ law [Obamacare]. The problem is that this decision would be the latest salvo in what seems to be a sustained effort on the part of the Roberts Court to return the country to the Gilded Age…”
“Impeachment is an option for justices who undermine constitutional values. There are other options, as well. We might amend the Constitution to establish judicial term limits. Or we might increase the number of justices to dilute the influence of its current members (though FDR could tell you how that turned out). In the end, however, it is the duty of the people to protect the Constitution from the court. Social progress cannot be held hostage by five unelected men.” So says David R. Dow, liberal Newsweek reporter.
A Newsweek senior editor, Jesse Wigman, tweeted the Dow story, saying: “Impeach the Court! David R. Dow’s solution if health-care law is overturned: http://t.co/N0EzWwa6”
[Chaps’ comment:] There’s only one problem with Newsweek’s liberal logic. The 5 conservative justices have not violated a law, while Elena Kagan clearly has.
Four senators explain: “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.'”
Again, let us demand Justice Kagan recuse herself or face impeachment for violating federal law. Let’s continue to pound Congress with our petitions.
Scalia, Roberts, Kennedy hate Kagan’s Obamacare. Good day at SCOTUS.
I’ve read much of February’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?]
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, PhD
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.
