This'n'That; March Twenty-Eighth #2; SCOTUS, Day #2

Kagan non-Recusal May Not Be Important
    Justices Alito, Kennedy and Scalia as well as Chief Justice John Roberts verbally handed Solicitor General Verrilli his-ass-on-a-silver-platter during today's arguments on owe-bamaKare.  Even the ever-socialist Justice Ginsburg got into the act.... on the respondents' (conservative) side of the argument.
    Justice Scalia (URL below: pg 3, ln 10) was the first to verbally 'step-up-to-the-plate.  Justice Scalia asked the 'General' if the problems he posed, weren't addressed directly by the federal government.
    Justice Kennedy (pg 3, ln 25) asked if commerce can be created in order to regulate it.
    Justice Scalia ( pg 5, ln 9) asked about 'self purchasing.'  He then commented that the failure to purchase a product in a particular market would subject one to regulation.
    Chief Justice Roberts (pg 5, ln 25) compared owe-bamaKare with emergency services, i.e., police, fire, ambulance, road-side service, et al.  The 'consumer' never knows when he will require emergency services or health care, or if he ever will, thus a market already exists.  Chief Justice Roberts also suggested that the government might mandate cell phone ownership, to facilitate calls to 9-1-1.
    Justice Alito (pg 7, ln 12) brought up the possible necessity for burial insurance which completely baffled 'General' Verrilli.  Judging by the text, 'General' Verrilli stumbled over his tongue for several minutes during his exchange with the justice.
    Justice Alito (pg 9, ln 23) may have discovered as the true intent of owe-bamaKare, I quote the justice:
"....isn't it the case that what this mandate is really doing is not requiring the people who are subject to it to pay for the servies they are going to consume?  It is requiring them to subsidize services that will be received by somebody else."
    Justice Ginsburg (pg 10, ln 20) got into the act with this quote:
"If you're going to have insurance, this is how insurance works."
    The testimony before the Court continued for a total of 109 pages; over 2 hours, 2 minutes.  I thought it might be dry and legalistic, but actually enjoyed reading the transcript of Day #1.  The give-and-take between the justices and 'General' Verrilli looked--to me--to be very embarrassing for the 'General.'  Later today I intend to read the respondents' arguments.
Til Nex'Time....
http://www.forbes.com/sites/aroy/2012/03/27/obamacare-at-the-supreme-court-day-two-rapid-reactions/
http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Tuesday
http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Tuesday.pdf

This'n'That; March Twenty-Seventh #1; A 4-4 Tie!

Kagan NOT Eligible To Hear ANY obamaKare!
    The United States' Solicitor General is the individual appointed to represent the federal government before the United States Supreme Court.  The Solicitor General is responsible for determing the legal position the federal government will take in actions before said Supreme Court.
    As the "Clown Prince" nominated (and Senate confirmed) Solicitor General, Ms Kagan has never--prior to her term as Solicitor General--tried a case before ANY court, at ANY level, ANYwhere!!  As the owe-bamacRATic Solicitor General, Ms Kagan was instrumental in the formulation of the defense to any EXPECTED cases involving owe-bamaKare.  As such, Ms Kagan is barred from hearing testimony--and participating in the decision--concerning the upcoming/ongoing owebamaKare litigation before the current Supreme Court.
    The website "TulaneLink" has a study of the 'recusal statutes,'
United States Code, Title 28, Section 455:  "Disqualification of Justice, Judge or Magistrate."  The point at which said code applies to Ms Kagan:
 

USC28-455(b)(3):  "Where he has served in governmental employment and in such capacity participated as counsel, advisor or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy"

    Under any interpretation of the aforementioned, Justice Kagan should recuse herself from any involvement--to any degree--in the owe-bamaKare case before the Supreme Court.  If no recusal is forthcoming, her more-than-ample ass should be tossed off the bench!!Til Nex'Time....http://www.exposeobama.com/2012/03/26/elena-kagan-breaks-federal-law-by-hearing-obamacare-case-republicans-silent/
http://www.rushlimbaugh.com/daily/2012/03/26/nobody_doubts_how_the_liberal_members_of_the_supreme_court_will_rule
http://www.tulanelink.com/tulanelink/recusal_99a.htm
http://www.sacbee.com/2012/03/26/4367477/kagan-defies-judicial-ethics-and.html