Dems Think They Will Lose the Obamacare Case When it Gets to the Supremes

Why else would they try and get a conservative justice to recuse himself from the case?

As chances grow that the Supreme Court will take up the constitutionality of the 2010 health care law, a political battle is brewing over whether some justices should recuse themselves from what is likely to be a high-profile case.

Seventy-four House Democrats, led by New York Rep. Anthony Weiner, sent a letter to Justice Clarence Thomas Wednesday calling on him to sit out deliberations on the Affordable Care Act because of his wife's ties to a lobbying group that opposes the health care law.

"The appearance of a conflict of interest merits recusal under federal law," the letter said. "From what we have already seen, the line between your impartiality and you and your wife's financial stake in the overturn of healthcare reform is blurred."

Justice Thomas' wife, Virginia Thomas, founded the conservative group Liberty Central, but stepped down in December amid controversy over a memo under her name calling for the repeal of the "unconstitutional law."

The group, which later took down the memo from its site, blamed staff error and said it "assiduously avoids" taking positions on the constitutionality of issues.

Under federal law, justices have to recuse themselves from cases where they feel a conflict of interest may arise, or if their spouses have a financial stake in the case, but the decision ultimately rests with each justice.

Rep. Weiner is...well, a wiener.  He's trying to politicize the court with this letter and it won't work.  Thomas, who has a lifetime appointment, doesn't give a rat's behind what Weiner or any other Democrat thinks about him.  He's already seen Congress as its worst during his confirmation hearing.  What can they do to him?  Nothing.

There's no way Thomas will recuse himself from this case. There simply isn't a viable conflict of interest. Just because a spouse has expressed a particular view of a case doesn't mean the justice has lost his impartiality. And there's absolutely no evidence of any financial interest in the case on the part of Justice Thomas.

Could it be assumed that Thomas will have a problem with Obamacare?  Certainly, but not because of his wife's activities.  That assumption comes from his history of conservative legal opinions.

If anyone should recuse themselves it would be Elena Kagan, former Solicitor General who undoubtedly participated in White House discussions about Obamacare and how it might play out in the courts. She clearly has a bias toward the law and as long as she stays on the case, the Dems' arguments about Thomas are essentially ridiculous.

Nice try...wiener.