15 November 2011

Justices Scalia, Thomas feted by challengers of Affordable Care Act

Clarence Thomas
Justice Clarence Thomas (C) making his colleagues look uncomfortable. Other justices are (L-R) Antonin Scalia,
David Souter, Ruth Bader-Ginsburg and Stephen Breyer. (Jason Reed/Reuters)
Amidst a major right-wing hissy fit over Justice Elana Kagan not recusing herself from the Affordable Care Act challenge (because she was President Obama's solicitor general when the first cases against the new law were brought), this happened.
The day the Supreme Court gathered behind closed doors to consider the politically divisive question of whether it would hear a challenge to President Obama's healthcare law, two of its justices, Antonin Scalia and Clarence Thomas, were feted at a dinner sponsored by the law firm that will argue the case before the high court. [...]

The lawyer who will stand before the court and argue that the law should be thrown out is likely to be Paul Clement, who served as U.S. solicitor general during the George W. Bush administration.

Clement's law firm, Bancroft PLLC, was one of almost two dozen firms that helped sponsor the annual dinner of the Federalist Society, a longstanding group dedicated to advocating conservative legal principles. Another firm that sponsored the dinner, Jones Day, represents one of the trade associations that challenged the law, the National Federation of Independent Business.

Another sponsor was pharmaceutical giant Pfizer Inc, which has an enormous financial stake in the outcome of the litigation. The dinner was held at a Washington hotel hours after the court's conference over the case. In attendance was, among others, Mitch McConnell, the Senate's top Republican and an avowed opponent of the healthcare law.

The featured guests at the dinner? Scalia and Thomas.

No, no impropriety there at all. Nor concerns about impartiality. And no recusals, either. 






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