The Supreme Court battle on ObamaCare has begun

Matt Holzmann
Seventy four Democratic Members of Congress led by noted moderate Anthony Weiner have sent a letter to Supreme Court Justice Clarence Thomas demanding that he recuse himself from any case before the Court related to last year's health care bill. This follows a more muted comment by Senator Orrin Hatch suggesting the recusal of Justice Kagan on the grounds that she was Solicitor General of the United States until her appointment on August 10 last year to the Court. The battle over the health care bill has formally started.

In the case of Justice Thomas, the demand has been made because of his wife's outspoken opposition to the bill and her involvement in Tea Party type activities. The pretext being used is that Justice Thomas did not disclose her employment at the conservative Heritage Foundation from 1998 to 2003 until recently, even though she is well known in Washington. In the case of Justice Kagan, it is because her role as Solicitor General would have involved discussions on the legal aspects and perhaps strategy of the bill. One the one hand, the Democrats are demanding, on the other a Senator suggested. Therein lies the issue.

Justice Thomas is well-known to be conservative, just as Justice Kagan is known to be more liberal. While Senator Hatch may have a point that Justice Kagan was a major party to the process of forming and passing the health care bill, the case against Justice Thomas first involves his wife, and second, is a pretext to delegitimize his participation in the decision.

As an American, I have reasonable faith in the objectivity of our judges. While I expect their political and world views to be reflected in their decisions, I also trust that we are a nation of laws.

But as demonstrated by the unprecedented manner in which the health care was passed I most certainly do not have faith in the good intentions of 74 of the legislators who tied up the rules of Congress like a pretzel and rammed a deeply flawed bill through Congress in the dark of night. Even Speaker Pelosi, one of the architects, admitted she had not read the bill before the vote. The bill was written behind closed doors in an insult to our democratic process. Now the same people wish to pursue their aims through extralegal means.

I know they will hate the term, but this is a "Hail Mary" play they watch as 26 states have filed suit and two Federal judges have struck down the bill. Popular opposition to the bill is over 60%, and the bill just cost the Democrats their Congressional majority. There has rarely been such a divisive issue.

And now the gloves are well and truly off. The Left has made the Supreme Court a battlefield since the Thomas nomination. They have done their best to demonize and belittle his credentials and opinions. We can expect the vitriol to fly faster than ever before in this case. Health care is the centerpiece of the Left's political agenda whether achieved legally and legitimately or not.

Seventy four Democratic Members of Congress led by noted moderate Anthony Weiner have sent a letter to Supreme Court Justice Clarence Thomas demanding that he recuse himself from any case before the Court related to last year's health care bill. This follows a more muted comment by Senator Orrin Hatch suggesting the recusal of Justice Kagan on the grounds that she was Solicitor General of the United States until her appointment on August 10 last year to the Court. The battle over the health care bill has formally started.

In the case of Justice Thomas, the demand has been made because of his wife's outspoken opposition to the bill and her involvement in Tea Party type activities. The pretext being used is that Justice Thomas did not disclose her employment at the conservative Heritage Foundation from 1998 to 2003 until recently, even though she is well known in Washington. In the case of Justice Kagan, it is because her role as Solicitor General would have involved discussions on the legal aspects and perhaps strategy of the bill. One the one hand, the Democrats are demanding, on the other a Senator suggested. Therein lies the issue.

Justice Thomas is well-known to be conservative, just as Justice Kagan is known to be more liberal. While Senator Hatch may have a point that Justice Kagan was a major party to the process of forming and passing the health care bill, the case against Justice Thomas first involves his wife, and second, is a pretext to delegitimize his participation in the decision.

As an American, I have reasonable faith in the objectivity of our judges. While I expect their political and world views to be reflected in their decisions, I also trust that we are a nation of laws.

But as demonstrated by the unprecedented manner in which the health care was passed I most certainly do not have faith in the good intentions of 74 of the legislators who tied up the rules of Congress like a pretzel and rammed a deeply flawed bill through Congress in the dark of night. Even Speaker Pelosi, one of the architects, admitted she had not read the bill before the vote. The bill was written behind closed doors in an insult to our democratic process. Now the same people wish to pursue their aims through extralegal means.

I know they will hate the term, but this is a "Hail Mary" play they watch as 26 states have filed suit and two Federal judges have struck down the bill. Popular opposition to the bill is over 60%, and the bill just cost the Democrats their Congressional majority. There has rarely been such a divisive issue.

And now the gloves are well and truly off. The Left has made the Supreme Court a battlefield since the Thomas nomination. They have done their best to demonize and belittle his credentials and opinions. We can expect the vitriol to fly faster than ever before in this case. Health care is the centerpiece of the Left's political agenda whether achieved legally and legitimately or not.