Jeffrey Toobin writes: "As Clarence Thomas has assumed an influential role on the Roberts Court, his wife has helped lead the public war against Obama. Seventy-four members of Congress called on Thomas to recuse himself from any legal challenges to President Obama's health-care reform, because his wife has been an outspoken opponent of the law."
Clarence and Virginia Thomas share a good laugh with attendees at a Utah Supreme Court swearing-in ceremony, 07/19/10. (photo: AP)
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The House of Representatives accused Chase of letting his Federalist political leanings affect his rulings, and served him with eight articles of impeachment in late 1804. The Senate acquitted him of all charges in 1805, establishing the right of the judiciary to independent opinion. Chase continued on the Court until his death in June 1811.
The current Republican House will not vote to impeach Clarence Thomas, their winning vote on the Court. The Senate, with a slim Democratic majority, cannot convict him with the required two thirds majority. Thomas will only leave the Court by resignation or death. And I think the man is just too stubborn to resign.
Better to work hard to achieve the required majorities in Congress, reelect this president and future Democrats to avoid more radical right-wing appointments to the Court.
We don't do impeachment any more. If we did, Bush and Cheney would have gotten it.
But my question is whether Thomas has ruled in any way in any case to curtail the executive power to start wars.
Because if he truly is interested an originalist, as the article says, he must be acutely aware that the 18th century framers of the constitution put up every obstacle they could to prevent the president from starting wars. The constitution and their other writings from that era make it very clear that we should not be fighting wars here, there, and everywhere without prior congressional approval.
Does anybody know how Thomas stands on this?
sure we do ... but only if there's SEX involved :-)
Correction, Lisa. Only when there's SEX involved with DEMOCRATS.
But, while we're discussing recusals, does anyone believe that Justice Kagan, who was pretty clearly consulted on how best to legally defend the Affordable Health Care Act (Obamacare), shouldn't be a candidate for recusal when the case concerning the Act's constitutionali ty finally hits the Supreme Court?
I don't see how one can argue for Thomas's recusal without similarly arguing for Kagan's recusal.
This case will surely be divisive since everyone has a strongly and sincerely held position. It seems silly to me to demand that judges who have opinions, pro or con, on the case should be disqualified. The best we can do is ask that the judges read and consider the constitution and relevant precedents carefully and decide in accordance with the law rather than in accordance with their preconceived notions.
Lee Nason
New Bedford, Massachusetts
Thomas is a LYING, PERVERTED, CORRUPTED, SEXIST, EVIL, SCUMBAG, AND REPUBLIPAWN, who should have NEVER BEEN APPOINTED IN THE FIRST PLACE!! WHAT AN A DISASTROUS CHOICE TO REPLACE THURGOOD MARSHALL!
That's not intelligence, that's rationalizing your prejudices.
How come those opinions stand but health care for all may be judged as unconstitutiona l? Since when is this not "legislating from the bench?"
as a former Obama supporter, i can't believe he didn't see the can of worms that would open. it is blatantly unconstitutiona l. without a public option, he should have had the balls to go before the American people and say "my plan has been gutted beyond recognition so i'm pulling it. sorry, but you can blame congress for this."
instead, he singed legislation that forces us all to buy a for profit product. what's next? a mandate to purchase a tv for every room in the house?
so which way will the Supremes go? with their contempt for Obama or their blatant hatred of the American people? tough call
How about "brains?" Obama knew that the only way to get his health care bill passed with the required number of votes from both recalcitrant Republicans and Blue Dog Democrats, was to include the so-called "individual mandate." He knew all the while,
that aspect of the legislation would be challenged and struck down by the Court, thereby leaving it with only the best parts he could get.
Why did he know it would be struck down when his opponents missed it? He's a constitutional scholar. Stop fixating on his balls and think about his brain.
This Court is the foundation of the Fall of the United States Democracy based on a Constitution that COULD HAVE worked with "non-political" Supremes who are so HIGH/MIGHTY (Scalia/Thomas especially) they should resign!
Anyway - vote in 2012 (get registered now) and IF we get a Dem House - a Supreme CAN BE impeached - Starting proceedings in the House!
And injustice Thomas, that disgusting, stinkingly and blatantly corrupt Quisling for the Right in general and Scalia in particular, should be recalled, fired in disgrace, put out to pasture in a suitable jail and occasionally paraded in chains of his own making in the prison workshop, as a minimum wage stipendary example of how one gets up the ladder on the backs of others in a plutocracy, the stipend to be paid for by those who proposed and promoted the Swinehund for high office in the first place; they can well afford it!
And by the way, isn't it always the right who cry "Foul!" at "activist judges"? Well, look-a-h'yar what we done got with "Uncle Thomas"!
I know that it's all a fantasy of course but it feels good to have such a vision and get it out there once in a while.
Thanks for the forum RSN (I contribute when I have a penny to spare, which is not often these days).
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