Justice Kagan should recuse herself from Obamacare case

This spring the U.S. Supreme Court will decide what may well be the case of the century -- the constitutional challenge to Obamacare. But will the case be heard by eight or nine justices?

Before the health care law was even passed, the Department of Justice had been meeting to develop a strategy for defending the law from constitutional attack. Involved in this effort was none other than Elena Kagan, now the newest Obama appointee to the Supreme Court.

See Video at: ObamaCare: Recuse Kagan! - Dick Morris TV Lunch Alert

Federal law requires Supreme Court justices to recuse from a case if they had earlier "participated as counsel" in the case. Justice Kagan did just that when she was Obama's solicitor general, but has never explained why she believes she is nevertheless justified in sitting on the case under this standard.

One simply can't be the coach and referee in the same game. At best, knowing the playbook will color your judgment, and at worst, you'll be on the lookout for chances to give your former team an advantage.

Here are the facts. It took two lawsuits to get "the most transparent administration in history" to release emails detailing Kagan's involvement in the Obamacare defense. Those emails show that, in a highly unusual move, she ordered her staff to become involved in the defense before the law was even passed.

Perhaps this turn of events is explained by the fact that, upon passage of Obamacare, Kagan's reaction to a confidant was "I hear they have the votes, Larry!! Simply amazing."

Possibly most damning is the fact that Kagan received privileged internal strategy about the case. We know this because the Obama administration redacted portions of Kagan's emails under a Freedom of Information Act exemption that specifically prevents the disclosure of government deliberations.

Kagan is prohibited from sharing that privileged information even with her colleagues on the Supreme Court when they in turn deliberate on Obamacare.

In sum, Kagan's direction of the administration's defense, as well as her inclusion in "let's run this by the boss" discussions about the government's strategy, constitute more than enough participation as counsel to require her recusal under the law.

To be fair, as the calls for Kagan's recusal have intensified, some have rushed to her defense, suggesting that she had insulated herself sufficiently from her office's defense of Obamacare.

Her deputy at the Solicitor General's Office, Neal Katyal, has said that she was "walled off from Day One." Why anyone thought Obama's top lawyer had to be walled off of such a monumental case in the first place is revealing in itself.

In any event Katyal apparently breached that wall with impunity by suggesting that she attend Obamacare strategy meetings, by promising to bring her in such meetings "as needed," and by copying her on internal emails discussing defense strategies.

Or perhaps Katyal simply regarded "Day One" as occurring later in the process, such as after the Obamacare challenges were actually filed or after Kagan was put on the short list for a Supreme Court nomination.

But by those times Kagan was already too involved in the government's defense to later sit on the case as a judge. Legally speaking, pre-suit participation in a case still triggers recusal.

The stakes cannot be higher. The Supreme Court will determine whether the federal government has the power to mandate that every American purchase and maintain government-approved insurance from birth until death - all in the name of regulating interstate commerce.

With such a closely divided court, it may all come down to Justice Kagan's vote, but her vote is too tainted. To preserve the integrity of our Supreme Court on the most important case of the century, Justice Kagan should recuse.

Carrie Severino is policy director and chief counsel of the Judicial Crisis Network.

 

By:Carrie Severino | 11/27/11 8:05 PM l Op-Ed Contributor - Washington Examiner

More Fruit, Fewer Fries: Michelle Obama Might Have Taken the ‘Happy’ Out of McDonald’s Happy Meals

A child could once feel excitement over hearing a parent utter those beautiful words: “honey, we‘re going to McDonald’s for a Happy Meal.” But those carefree days are over and that sense of childhood wonderment and abandon is about to be seriously curbed by a new McDonald’s policy that cuts an order of fries in half, throws apple slices, raisins and pineapple chunks around as if they were ketchup, and just generally makes Happy Meals “healthier,” and, less happy. And even though the apples are reportedly not well-received by customers, guess what? McDonald’s is forcing the fruit in its Happy Meals anyway. Whether you want it or not.

And what’s more, politics, perhaps even the White House itself, could be to blame.

The changes reportedly come on the heels of an outright Happy Meal toy ban in San Franciscoand threats that other cities and counties will follow suit. The toys, allege legislators, are McDonald’s way of luring children to indulge in the unhealthy treat. Yes, health advocates, who‘ve long seen fast food as the bane of the nation’s existence, have gotten their way yet again.

So after all the years of satisfied customers “lovin’ it,” it is political pressure, including First Lady Michelle Obama’s war on childhood obesity, that reportedly forced McDonald’s hands. CNN reports that Kelly Brownell, director of the Rudd Center for Food Policy & Obesity at Yale University, said McDonald’s had to change its menu because of political and community “pressures”:

“I see this as a positive development,” he said.  “The companies have recognized the pressures from the public, the community and parents to offer healthier choices for children.  They’ve begun to respond.   There have been criticisms of what they serve children for many years. In the past years, the pressure has intensified, the White House concern about childhood obesity is one source of that pressure.”

And not skipping a beat, the First Lady has already commended McDonald’s for making “progress today by providing more fruit and reducing the calories in its Happy Meals.  I’ve always said that everyone has a role to play in making America healthier, and these are positive steps toward the goal of solving the problem of childhood obesity.”

According to reports, the fast food giant will offer apple slices, half-portions of french fries and the beverages of choice will now include 1% milk and fat-free chocolate milk.

Ironically, since introduced, the apple slices are apparently not even popular in the Happy Meals with only 11 percent of customers — be them children or adults — opting for the fruit.  Regardless, McDonald’s is making the fruit a default item in the Happy Meal.

So whether you want apples or not, you are going to get them.

Worse still:

“McDonald’s has been engaging suppliers, government and non-government organizations to determine ways it could play a role in helping society address today’s obesity concerns,”  the company’s press release said.

Engaging government and non-government organizations? We are still talking about a burger-joint, whose mascot is a red-nosed clown, right?

Still, whether driven by PR or genuine concern for children’s welfare, McDonald’s is seemingly gun ho for the healthy changes, promising to launch even more menu revisions including additional fruit and vegetable options over…the next ten years? CNN writes:

The fast food giant also pledged to reduce sodium 15% across the board in its menu by 2015.  It recently reduced sodium by 10% in most of its chicken offerings, including the Chicken McNuggets.

McDonald’s also vowed to reduce added sugars, saturated fat and calories through varied portion sizes, reformulations and innovations by 2020.

“Reformulations” and “innovations” are perhaps not words one likes to associate with appealing, tasty foods.

But in the end, kids can rest assured, sort of — in an effort to prevent children from getting too confused when being presented with the almost unrecognizable Happy Meals, McDonald’s claims the staple burger or McNugget of choice will essentially remain the same.

You can watch a local news report explaining the healthier Happy Meals below:

Video:  McDonalds Making Changes to Happy Meals

McDonald’s: another casualty in the Nanny State’s war on personal choice, or is the fast food giant bringing this on themselves? Will the new, and perhaps not improved, McDonald’s menu affect your decision to patronize the long-time burger institution?

Remember when? Take a walk down Happy Meal memory lane:

Video: Remember when? Take a walk down Happy Meal memory lane

Source:  The Blaze

Best suggestion I’ve heard all day… put a picture of Meeechelle-O in each Happy Meal & that'll cure childhood obesity almost immediately...  If it doesn’t stop the kids from eating, it will stop the parents from buying them!!

Comments:

POLITICALJUNKIE09

Posted on July 26, 2011 at 11:58pm

Thank you, Michelle Obama. We are too stupid to count calories ourselves, thank GOD we have you!!!

RATIONAL MAN

Posted on July 27, 2011 at 12:34am

Now we will have to super size and order on the side.
Just like everything else the Obamas want, it costs us more money!
The morons probably don’t realize we can super size.
And don’t realize that we know that we had that choice before the White House porker got involved…………

IN THE RIGHT

Posted on July 26, 2011 at 11:54pm

Gee, our First “Lady” (a tranny) can eat French fries with gravy while in Africa on OUR dime yet she and her husband the Communist think they can dictate what retailer can serve and the taxpaying public can eat?

I guess fast food restaurants better stock up on coconuts, bananas, okra, and watermelons if this silly legislation goes into affect

*Nobody is arguing that obesity or childhood obesity isn’t a problem, but telling parents and people who are just barely making ends meet what they can do and buy for themselves and their kids is over the line!  Wake-up America.

Avoiding "Boomeritis" Injuries

The Achilles' Heel Of A Fit Generation

Orthopedic surgeons are seeing a wave of exercise-related injuries among baby boomers -- a phenomenon dubbed "boomeritis."

The March issue of Mayo Clinic Women's HealthSource covers what's behind boomeritis. Baby boomers, now in their 50s and 60s, are fitter and more athletic longer into their lives, compared with their parents' generation. They are running marathons, hitting the slopes, playing hockey, cycling the country, and more. While staying active promotes health, at age 50 and older the body is less forgiving. Injuries can occur when people push beyond the body's capability. Typical problems include tendinitis, bursitis, stress fractures and tendon tears (such as rotator cuff injuries).

Mayo Clinic Women's HealthSource offers these tips to help avoid boomeritis:

Doctor approval: A doctor can offer advice when a person is considering a new sport or activity. In general, it's wise to start slowly and increase gradually.

Warm-ups: A warm-up prepares a body for activity by getting the blood flowing, raising muscle temperature and increasing the heart rate. Moderate activities, such as walking on a treadmill or cycling in a low gear, are good warm-ups. Cold muscles are more prone to injury.

Stretching: Past age 40, joints, tissues and muscles may not be as flexible as they once were. Stretching after exercise, when muscles are warm, can help prevent injury and may improve performance.

Cross-training: Alternating different types of activities works various muscle groups, which helps muscles adapt to new activities. A balanced fitness program should include cardio work, strength training and flexibility exercises, such as yoga, and exercises such as Pilates that target the core muscles.

Consistency: Compressing hours of heavy activity into the weekend sets the stage for injury. A better approach is aiming for 30 minutes or more of moderate exercise daily.

Listening to the body: Boomers may not be able to tolerate the same sports or participate as long or as intensely as they could when they were younger. Significant stiffness or strain indicates too much intensity.

Avoiding overdoing: A rest period or a rest day after an intense workout can help avoid injury. A good rule is to increase activity by no more than 10 percent each week, for example, adding one mile a week to reach a 10-mile-per-week walking regimen.

Source: Mayo Clinic - Article Date: 18 Mar 2010 - 3:00 PDT