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Archive for the ‘Elena Kagan’ Category

12:00 PM EDT             Monday June 25, 2012

The U.S. Supreme Court will rule Thursday on the constitutionality of the sweeping health care law championed by President Barack Obama.

The high court announced a series of other decisions on Monday, but not the most anticipated one. It announced that all remaining rulings for the year will come in three days.

The stakes cannot be overstated — what the justices decide will have an immediate and long-term impact on all Americans, both in how they get medicine and health care, and also in vast, yet unknown areas of “commerce.”

Saving this ruling for the final day “may not be political, but they understand drama,” said David Cole, a Georgetown University constitutional law professor. He added, “It’s also the most difficult case, the most important case, so they may want the extra few days to make sure that they’re happy with their written opinions.”

The nation’s highest court heard three days of politically charged hearings in March on the 2010 Patient Protection and Affordable Care Act, a landmark but controversial measure passed by congressional Democrats despite pitched Republican opposition.

The challenge focused primarily on the law’s requirement that most Americans buy health insurance or pay a fine.

Supporters of the plan argued the “individual mandate” is necessary for the system to work, while critics argued it is an unconstitutional intrusion on individual freedom.

Four different federal appeals courts heard challenges to parts of the law before the Supreme Court ruling, and came up with three different results.

Courts in Cincinnati and Washington voted to uphold the law, while the appeals court in Atlanta struck down the individual mandate.

A fourth panel, in Richmond, Virginia, put its decision off until penalties for failing to buy health insurance take effect in 2014.

The polarizing law, dubbed “Obamacare” by many, is the signature legislation of Obama’s time in office.

After a lengthy and heated debate marked by intense opposition from the health insurance industry and conservative groups, the law passed Congress along strictly partisan lines in March 2010.

When Obama signed the legislation later that month, he called it historic said it marked a “new season in America.”

While it was not the comprehensive national health care system liberals initially sought, supporters said the law would reduce health care costs, expand coverage and protect consumers.

The law establishes a staged series of reforms over several years, including banning insurance companies from denying coverage to people with pre-existing conditions, forbidding insurers from setting a dollar limit on health coverage payouts, and requiring them to cover preventative care at no additional cost to consumers.

It also required individuals to buy health insurance, either through their employers or a state-sponsored exchange, or face a fine beginning in 2014.

Supporters argue the individual mandate is critical to the success of the legislation, because it expands the pool of people paying for insurance and ensures that healthy people do not opt out of buying insurance until they needed it.

Critics said the provision gave the government too much power over what they said should be a personal economic decision.

Twenty-six states led by Florida say individuals cannot be forced to buy insurance, a “product” they may neither want nor need. And they argue that if that provision is unconstitutional, the entire law must go.

The Justice Department countered that since every American will need medical care at some point in their lives, individuals do not “choose” whether to participate in the health care market.

The partisan debate around such a sweeping piece of legislation has encompassed almost every traditional hot-button topic: abortion and contraception funding, state and individual rights, federal deficits, end-of-life care, and the overall economy.

During arguments on March 27, Justice Anthony Kennedy said the law appeared to “change the relationship between the government and the individual in a profound way.”

Chief Justice John Roberts argued that “all bets are off” when it comes to federal government authority if Congress was found to have the authority to regulate health care in the name of commerce.

Liberal justices, however, argued people who don’t pay into the health system by purchasing insurance make care more expensive for everyone.

“It is not your free choice” to stay out of the market for life, Justice Ruth Bader Ginsburg said during arguments.

“I think the justices probably came into the argument with their minds made up. They had hundreds of briefs and months to study them,” said Thomas Goldstein, publisher of SCOTUSblog.com and a prominent Washington attorney, though he conceded that “the oral arguments (in March) might have changed their minds around the margin.”

Americans are largely split over the reform effort and its legality, according to polling.

A March poll for CNN by ORC International found that while support for the law appears to be growing, 50% of Americans opposed the law, 43% supported it and 7% had no opinion.

Nearly three-quarters of respondents said they wanted the Supreme Court to overturn at least some of the law’s provisions, although the poll did not specify which ones.

The law, which helped spur the creation of the conservative tea party movement, is likely to be a centerpiece of the presidential election campaign.

Obama’s presumptive Republican opponent, Mitt Romney, has promised to repeal the measure if elected.

But 76% of respondents in the March CNN/ORC poll said a Supreme Court ruling against the law still wouldn’t change their minds about whom to vote for in November.

The 2010 passage of the Patient Protection and Affordable Care Act came after months of bare-knuckled fights over politics and policy and a century of federal efforts to offer universal health care.

The legislation signed by Obama reached 2,700 pages, nine major sections and 450-some provisions.

The first lawsuits challenging the health care overhaul began just hours after the president signed the legislation.

from:  http://www.cnn.com/2012/06/25/politics/health-care-ruling/index.html

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Elena Kagan was born on April 28th, 1960 according to http://en.wikipedia.org/wiki/Elena_Kagan

April 28th, 1960

April 28th

4 + 28 +2+0+1+2 = 37 = her personal year (from April 28th, 2012 to April 27th, 2013) = Just looking out for the best interests of everyone.

King of Cups Tarot card

37 year + 6 (June) = 43 = her personal month (from June 28th, 2012 to July 27th, 2012) = Fun times.

Three of Cups Tarot card

43 month + 28 (28th of the month on Thursday June 28th, 2012) = 71 = Being professional.  Doing a good job.

Three of PentaclesTarot card

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August 5, 2010    3:39 PM

Chalk up another legacy for President Obama, as the Senate confirms Supreme Court nominee Elena Kagan.

Kagan, who will be the fourth woman in history to serve on the high court after she is sworn in on Saturday, won the job on a Senate vote of 63-37.

“I am confident that Elena Kagan will make an outstanding Supreme Court justice,” Obama said in a brief statement from Chicago. He also noted that for the first time in history, the nine-member court will have three female justices serving at the same time; Kagan will join Ruth Bader Ginsburg and Sonia Sotomayor, Obama’s first high court appointee.

Currently the U.S. Solicitor General, Kagan has “earned her place at the top of the legal profession,” said Senate Judiciary Chairman Patrick Leahy, D-Vt.

Kagan’s background as a Supreme Court law clerk, as well as stints in the Senate and in the Clinton and Obama administrations, also gives her “experience in all three branches of our government,” Leahy said. “This is unique.”

Kagan watched the vote from her office at the Justice Department.

Only five Republicans voted in favor of Kagan’s nomination. Last year, just nine Republicans voted for Sotomayor.

Today’s yes votes included Sen. Lindsey Graham, R-S.C., the lone Republican on the Senate Judiciary Committee to support Kagan when the panel recommended the nomination to the full Senate on a 13-6 vote. Other GOP yes votes came from Richard Lugar of Indiana, Olympia Snowe and Susan Collins of Maine, and Judd Gregg of New Hampshire.

Sen. Scott Brown, R-Mass, one of Kagan’s home state senators, voted against her. Brown had joined Sen. John Kerry, D-Mass., in introducing the former Harvard Law School dean to the Judiciary Committee, but he was carefully non-committal during that appearance.

In a statement, Brown cited Kagan’s lack of judicial experience. “When it comes to the Supreme Court, experience matters,” he said. “No classroom can substitute for the courtroom itself.”

Kagan also lost the vote of one Democrat, Ben Nelson of Nebraska.

The 63-37 tally is the third closest Supreme Court vote since the rejection of Robert Bork in 1987; only justices Clarence Thomas (52-48) and Samuel Alito (58-42) had narrower confirmations.

Other Democrats portrayed Kagan as a hard-working groundbreaker who opened doors for conservatives to join the faculty of Harvard Law School Sen. Chris Dodd, D-Conn., called her “a superbly qualified nominee” and defended her lack of judicial experience by noting that more than one-third of the nation’s justices came to the high court “without having worn a judge’s robe.”

In addition to her lack of judicial experience, Republicans bashed Kagan for espousing liberal views on abortion and gun control. In Kagan, Obama has appointed “someone who shares his progressive, elitist vision and is willing to advance it from the bench,” warned Sen. Jeff Sessions, R-Ala., the top-ranking Republican on the Senate Judiciary Committee.

Kagan’s ascension as the 112th Supreme Court justice may not mean that much in terms of the court’s philosophical direction. She replaces retired Justice John Paul Stevens, part of a four-person liberal bloc that includes Ruth Bader Ginsburg, Stephen Breyer, and Obama appointee Sotomayor, who joined the court last year.

Chief Justice John Roberts leads a five-member conservative group that includes Antonin Scalia, Anthony Kennedy, Thomas, and Alito; Kennedy is sometimes a swing vote in close cases.

In his statement, Obama noted that the Senate Judiciary Committee conducted 17 hours of hearings on Kagan, and that she answered more than 500 questions from the senators.

“I’d say they got a pretty good look at Elena Kagan,” Obama said.

from:  http://content.usatoday.com/communities/theoval/post/2010/08/supreme-court-justice-elena-kagan-confirmed-by-senate/1

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 Elena Kagan was born on April 28th, 1960 according to http://en.wikipedia.org/wiki/Elena_kagan

April 28th

4 + 28 +2+0+1+0 = 35 = her personal year (from April 28th, 2010 to April 27th, 2011)

35 year + 7 (July) = 42 = her personal month (from July 28th, 2010 to August 27th, 2010)

42 month + 5 (5th of the month on Thursday August 5th, 2010) = 47 = her personal day = Famous.  Name & fame.  Notoriety.  Name recognition.  (Inter)nationally known.  High profile.  VIP.  Well-known.  Household name.  Public life.  Limelight.  Legendary.  Notable.  Noteworthy.  Eminent.  Prominent.  Legacy. 

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President Barack Obama introduces Solicitor General Elena Kagan as his choice for Supreme Court Justice in Washington, Monday May 10, 2010 as Vice President Joe Biden applauds. (AP Photo/J. Scott Applewhite)

Monday, 10 May 2010 05:28 UK

US President Barack Obama will nominate Solicitor-General Elena Kagan to the Supreme Court, US media reports say.

The White House has not yet commented, but Mr Obama is scheduled to announce his choice at 1000 (1400 GMT).

If confirmed, she would be the youngest member and the third woman on the court as well as the first justice in nearly four decades not to have been a judge.

The 50-year-old former dean of Harvard Law School has spent much of her professional life in academia.

Early in her career she was a clerk for a US Court of Appeals judge and later for former Justice Thurgood Marshall. And like Mr Obama, she worked on the prestigious Harvard Law Review as a student.

The president was forced to choose a nominee due to the retirement of one of the Supreme Court’s leading liberals, John Paul Stevens.

Non-ideological writings

The BBC’s Richard Lister in Washington says that as solicitor-general, Ms Kagan is already well known and she went through a fairly smooth confirmation process in the Senate for her current job this year.

There had been speculation for some time that she was Mr Obama’s preferred choice and her appointment would maintain the current political balance of the Supreme Court, he says.

Although regarded as a liberal on most issues, she has worked with conservatives and has even attracted a liberal backlash against her support for continuing Bush administration policies on state secrets and the use of military commissions to try terrorism suspects, our correspondent adds.

Her staunch advocacy of gay rights may concern Republicans, who have also expressed concerns about her lack of judicial experience. She would also be questioned as to whether she was qualified.

Ms Kagan’s academic writings are largely non-ideological, and she would have no paper trail of judicial opinions available for scrutiny.

With 59 votes, Senate Democrats would have enough to confirm her, but they would be one short of being able to halt blocking or stalling tactics by any Republican senators. When she was confirmed as solicitor-general, only seven Republicans backed her.

Our correspondent says that selection of a Supreme Court justice gives a president the opportunity to influence US public life for decades, as the justices are not bound by term limits.

from:  http://news.bbc.co.uk/2/hi/americas/8671668.stm

Elena Kagan was born on April 28th, 1960 according to http://en.wikipedia.org/wiki/Elena_kagan

April 28th, 1960

4 + 28 + 1+9+6+0 = 48 = her life lesson = what she is here to learn = Purpose.  Meaning.  Mission.  Direction.  Destination.  Guidance.  Goals.  Aims. 

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April 28th

4 + 28 +2+0+1+0 = 35 = her personal year (from April 28th, 2010 to April 27th, 2011)

35 year + 4 (April) = 39 = her personal month (from April 28th, 2010 to May 27th, 2010) = Compliments.  Invitations.  Offers. 

39 month + 9 (9th of the month on Sunday May 9th, 2010) = 48 = her personal day (from her time of birth on Sunday May 9th, 2010 to her time of birth on Monday May 10th, 2010) = Purpose.  Meaning.  Mission.  Direction.  Destination.  Guidance.  Goals.  Aims. 

When her number (48 (4 + 28 +1+9+6+0 = 48)) comes up, that’s when she gets to live/experience what she is here to live/experience.  So this is HER day!!!

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