Fox News
Expand
Browse All Video
Watch Live

You're watching...

Bench Justices Thomas, Kagan for Obamacare Case?

Details

  • Description

    Peter Johnson, Jr. weighs in

  • Duration 3:05
  • Date

Clips

Also in this playlist...

Editor's Picks

Auto-advance: ON

Auto-advance
View All

Transcript

This transcript is automatically generated

On the back everyone the Supreme Court back in session this week potentially on that docket the constitutionality of president Obama's health care law.

And now many groups are calling for justices -- Kagan and Clarence Thomas to work excuse themselves from deliberations because of personal connections to -- issue.

So is that a good idea we're just politically motivated.

Fox News legal analyst Peter Johnson.

-- here hit 2 morning line for me you know the Supreme Court may be the last branch of government that everybody really trust.

And so some folks are saying that Justice Thomas should recuse himself based on his wife.

-- political activities.

Against Obama care and other people are saying justice Kagan should recuse yourself face the fact that she was the solicitor general of the United States.

And attended a discussion.

Of the Florida.

Health care Obama care lawsuit.

And so this thing on that basis they should both be.

-- they should step out of the case.

The truth is that Supreme Court justices above all in this country.

Are not subject to the same laws that federal judges are in what way -- it in the sense that.

They uniform.

Judicial code doesn't apply to them so they decide on their own whether or not they say it.

On a case.

So in this case let's just say.

The Justice Thomas says you know I I think I will recuse myself I have no idea -- -- I'm just speculate -- It could it could change the whole course of this case because of a sensibly you would think that Kagan is gonna vote to keep Obama care.

And Thomas would vote to do you're absolutely right and political hard ball is hit Washington the Supreme Court on this particular issue I looked at the Thomas issues.

To say that a mrs.

Thomas does not have the right.

To lobby does not have the right to earn a living as a and activists in this country whatever her viewpoints are and that.

A Justice Thomas -- somehow be penalized for it I find that to be.

-- I also find it wrong.

If -- -- justice Kagan statement and I think we should at face value where she said yes I attended a discussion where this was briefly mentioned.

But I never participated.

In any strategy sessions with regard to defending.

Obama care I think that.

In order to preserve the integrity of the United States Supreme Court we need to rely on the justices who've been confirmed by the United States headed after being.

Selected by the present -- United States and so we Begin to politicize the Supreme Court in the same way that we do our election process for executives.

And legislators.

I think it's a slippery slippery slope if there's some smoking gun that I didn't have an interest.

Or prejudice or bias or true financial interest but of course they should step out but there's been no -- -- -- real quickly what's your guess.

My guess is they both stay in and that's that's -- that's what American history's shown even when people -- challenge of the US Supreme Court most of the time.

They stand in there and cast their vote history -- decide whether it was the right thing or not right Peter Johnson junior as -- had some good to see when we come back she.

Load More