John Roberts and the MOTC mentality
John Roberts, Chief Justice of the United States Supreme Court has pushed back against those who want to force Clarence Thomas or Elena Kagan to recuse themselves from the upcoming Supreme Court consideration of the Obamacare law.
Why would John Roberts jump into this dispute? It is the MOTC mentality. What is that?
MOTC stands for member of the club.
It is an unwritten rule among Washington Republicans that when someone is voted in, on in the case of Supreme Court Justices confirmed, they become a “member of the club.”
From the New York Times:
The chief justice’s comments came in his annual report on the state of the federal judiciary. In it, he made what amounted to a vigorous defense of Justices Clarence Thomas and Elena Kagan, who are facing calls to disqualify themselves from hearing the health care case, which will be argued over three days in late March. He did not, however, mention the justices by name.
“I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” Chief Justice Roberts wrote. “They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”
Does anyone believe this horse hockey Roberts is writing?
Being a member of the club has its privileges. For one thing, other members of the club are not supposed to speak out against them. Unfortunately this rule only applies to Republicans.
This is why you will see Democrats savaging Republicans. Democrats will call them baby killers and every other outrageous name and yet the Republicans will simply say, “my distinguished friend…..”
By any stretch of the imagination, Kagan’s impartiality in the Obamacare lawsuit is certainly questioned. It is even arguable that she took part in some issues related to it when she was working for the Obama regime.
By any legal definition, including that in Title 28 of the US Code, Chapter 21, Section 455, Kagan is not impartial and the statute requires her recusal.
She will not recuse herself and instead of saying nothing or even ordering her recusal, Roberts is jumping to the defense of a member of the club.
The member of the club mentality is the problem we have had for too long in Washington. For too long Republicans have acted like the Democrats are simply their coworkers and are entitled to be treated with respect, despite the fact the Democrats routinely respond by stabbing the Republicans in the back.
We need a new mentality among the Republicans in Washington. They are not sent to Washington to be friends with the Democrats. They are not sent to Washington to party with the Democrats. They are not sent to Washington to be “members of the club.”
We send them to Washington to fight for liberty and freedom and to roll back the socialist agenda of the modern Democrat Party.
We need fewer people like John Roberts in Washington.
Wow. Really disappointed in John Roberts, but then, I have certainly had my doubts about Roberts ever since he let Obama get away with blaming him for Obama's flub when taking the Oath of Office. Of course, Obama took the Oath of Office later that same day, and no Bible was used for the official Oath later that day. Fascinating. Gee, wonder why, as if we did not already know why Obama would not want to take his official Oath of Office on a Bible.
But for Roberts to claim that Elena Kagan, who literally built her legal career defending ObamaCare, would not need to recuse herself from the decision on ObamaCare, is absolutely as stunning as it is ludicrous. Clarence Thomas, meanwhile, is a brilliant, Christian, black conservative married to a conservative white woman, which is the real reason liberals are demanding that Thomas recuse himself. Thomas is off the the Democrat plantation in every way, so as far as Libs are concerned, he must be reined in/punished at every opportunity.
Please, not even the libs are so stupid as to suggest that Thomas recuse himself simply because he's a "black conservative married to a conservative white woman." The issue is his wife's employment by organizations that have fought vigorously against Obummercare.
I know there's a lot of unhappiness here at TPN about the direction our country seems to be heading these days, but that's no reason to ignore the stated facts of the case.
M.V., I'm not ignorant of the facts at all. The fact that Thomas' wife Ginny is an outspoken conservative is not relevant at all. Mrs. Thomas is not "employed by organizations that have fought vigorously against ObamaCare", but even if she were, so what? Ginny Thomas is not on the Supreme Court; Clarence Thomas is. It's weird that someone actually has to explain that to you. My first comment merely cut through all the crap and told it like it is. Libs hate brilliant, successful black conservatives, especially when they marry a white woman. That they cannot stand. Conservatives have no problem with it.
Is that sort of like "Hillary was POTUS for 8 years" and Slick Willie just had fun and ate hamburgers (-:) ??
Ron, No, because conservative women do not keep their men on a choke-chain while they bark out orders and dominate them completely, like the liberal harpy shrews do. So, no. : )
I disagree unless and until I see further wrangling that's proof positive. IN this case he's defending two justices who will have opposite opinions, therefore, votes, on the Ovomitcare case. They cancel each other out. Both Kagan and Thomas recusing themselves would leave the same result as them staying on. What's the difference? Now, if it was only one or the other, that would be a different story.
There isn't any supporting evidence for Thomas to recuse himself. Somehow they are saying he should recuse himself because of who he is married to. That isn't a good enough reason. Kagan was involved in the nuts an bolts of the legislation.
Mike I think your analysis is correct for Roberts view. But wrong for him to have this view in the first place. It's about integrity that the court should have when it comes to recusing yourself rightly in such as case as Kagan has such a high stake in. She needs to be off the case. Thomas is really just a scape goat the Dems have drummed up to get even for anyone even looking at Kagan as having a legal issue here.
Yes, Mike, both Thomas and Kagan recusing would "cancel" each other out but you are missing the point. Why should Thomas recuse himself? He had NOTHING to do with the Obamacare legislation while Kagan was smack dab in the middle of it all. There are multiple emails from / to her discussing the law and her support of it...There is not doubt that she should step away but seeing as how that is why she was put on the Court, I'm sure she will stay...No morals, no ethics, no understanding of the Constitution or our Founding Principles, only the liberal, progressive, socialist, communist, elist agenda...
Add to that effort by Kagan her witness tampering (changing written input by ACOG about the never needed partial birth abortion to it being the only viable procedure) she committed during the deliberations of the SCOTUS for the constitutionality of Partial Abortion Legislation, and you can see the Senate added an outright criminal to the top court of the Nation.
Kagan will diligently work on Justice Kennedy, maybe even blackmail him or any other conservative Justice, to support Obamacare.
As her tampering with expert witness in a Supreme Court case demonstrates, Elena Kagan has absolutely no reservations about destroying this nation, and this is the most important legislation to do just that.
Great points Ruth and Herrmann--if us average folks can understand why Kagan needs to recuse herself, why can't a supposed learned man like Roberts figure it out too--thanks for your insight.
I believe they are all severely overpaid, have stayed, way too long, and continue to rob us daily,,,,TERM LIMITS, NO RETIREMENT, THEY GET OUR RETIREMENT.CUT THEIR PAY BY SEVENTY FIVE PERCENT,AT LEAST,,,NO ILLEGALS!!!!!!!!!!!,, you know thats just a start, there is so much to do, we need to start by getting rid of the road blocks,,, namely the elitist element that abounds in that crooked town,,,