Partisanship a part of demands for certain justices to recuse themselves from health law case

Nov 29 2011

House Democrats recently demanded that Justice Clarence Thomas step aside while Senate Republicans have increased their calls for Justice Elena Kagan to take herself off the case. Meanwhile, lobbying efforts are expected to increase as part of efforts to shape the high court's decision.  

The Washington Post: Health Care Case Brings Fight Over Which Supreme Court Justices Should Decide It
Just a little more than an hour after some House Democrats recently demanded an inquiry into Supreme Court Justice Clarence Thomas's ethics, Senate Republicans stepped up the pressure on Justice Elena Kagan to take herself out of the court's decision on the health care reform act (Barnes, 11/27).

The Hill: Supreme Court Hearing On Obama Health Care Law Sets Up Lobbying Storm
Next year's Supreme Court decision on the health care reform law could be the most heavily lobbied ever. Corporations, unions, trade groups and advocates are expected to spend millions of dollars over the next few months trying to shape the court's thinking on whether the law's individual mandate is constitutional. Their efforts will include ideological appeals, popularity contests and recusal campaigns -; none of which are likely to have much effect on the outcome of the case (Pecquet, 11/27).

The Associated Press: Thomas, Kagan Asked To Sit Out Health Care Case
Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out. Neither justice is budging -; the right decision, according to many ethicists and legal experts. None of the parties in the case has asked the justices to excuse themselves (Sherman, 11/26).

Meanwhile, California Healthline examines recent polls that offered glimpses of how people who are not Supreme Court justices view the law -;

California Healthline: Dueling Polls Offer Alternative Reform
Pick a poll, any poll, and run your reform flag up it. Whether your flag is pro or con, somewhere there's a poll for you. If you have trouble finding it, wait a couple days. Two public opinion polls released last week -; one from CNN, one from Gallup -; offered glimpses of how those of us who are not Supreme Court justices feel about health care reform (Lauer, 11/23).