Georgia Tea Party Petitions for Recusal of Justice Kagan on Healthcare Vote
Letter asks Georgia Representatives to take action in U.S. House
Marietta, Georgia – May 4, 2012 – The Georgia Tea Party™ (GTPI), a non-partisan advocacy group headquartered in Marietta, GA, announced today that it has sent an open letter (attached) to all Georgia members of the U.S. House of Representatives petitioning them to insist that Supreme Court Justice, Elena Kagan recuse herself from voting on any issues relating to the Patient Protection and Affordability Act also known as Obamacare.
The letter says that any such votes by Justice Kagan would be in violation of Section 455(b)(3) of Title 28 of the U.S. Code, which clearly states that:
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; and
(3) Where he 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 in controversy.
The letter points out four instances in which Justice Kagan is not in compliance with that Code Section. For example, while serving as Solicitor General to President Obama from January 26, 2009, Justice Kagan participated substantially in the administration’s legal defense of Obamacare. Justice Kagan also is on record expressing an opinion about this legislation in an email dated Nov. 9, 2011.
The letter further states that if Justice Kagan doesn’t recuse herself within a specified time, the House of Representatives should commence impeachment proceedings against her, as is their responsibility under Article I of the U.S. Constitution.
About Georgia Tea Party, Inc.
Georgia Tea Party, Inc. is a non-partisan advocacy group. Its mission is to impact public policy by teaching all who seek to learn, the principles and spirit of individual liberty and constitutionally-limited self-government. As a non-profit advocacy group its objectives are: 1. To teach the principles of individual liberty and limited government as described in this Country’s founding documents, the Declaration of Independence and the US Constitution. 2. To inform the public about current issues from a perspective of individual liberty and limited, constitutional government. 3. To train and organize individuals to involve themselves in the political process and to address public policy issues with their elected officials. For more information, visit the website: www.thegeorgiateaparty.org.