{"id":1828,"date":"2011-12-13T12:20:44","date_gmt":"2011-12-13T17:20:44","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=1828"},"modified":"2011-12-13T12:21:05","modified_gmt":"2011-12-13T17:21:05","slug":"jay-sekulow-justice-kagans-recusal-raises-questions","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html","title":{"rendered":"Jay Sekulow: Justice Kagan’s Recusal Raises Questions"},"content":{"rendered":"

\"\"<\/a>When the Supreme Court announced<\/a> yesterday that it will consider the Arizona immigration case to determine whether this measure is constitutional, something else happened.<\/p>\n

Justice Elena Kagan, who served as Solicitor General for President Obama before being nominated and confirmed to the Supreme Court, decided not to participate in the Arizona immigration case. In recusing herself, she will not take part in the oral arguments or in the decision that the court will render this summer.<\/p>\n

No specific reason was given, but it’s thought<\/a>\u00a0that her work on the immigration issue when she served as Solicitor General was behind her decision.<\/p>\n

On FOX News today, I told Bill Hemmer that the fact that she recused herself from the Arizona immigration case, but did not do so on the health care case now before the high court, raises questions.<\/p>\nhttp:\/\/www.youtube.com\/watch?v=w-HpghpBT6M<\/a>\n

In one case, immigration, Justice Kagan decided not to participate. In another, ObamaCare, she will be on the bench – taking part in arguments and in the decision-making process. She served as Solicitor General as both issues made their way through the legal process. You may be asking, what’s the difference: why engage ObamaCare, but sit out the Arizona immigration case?<\/p>\n

\"\"<\/a>The truth is only Justice Kagan knows the answer to that question. There’s no outside enforcement mechanism when it comes to recusal decisions. It’s up to each individual Justice to determine if there are any conflicts involved – whether they should participate or step aside on a particular case.<\/p>\n

Federal law is very clear. It requires<\/a> that a “justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned” or if they, in a previous federal job, served as a “counsel, adviser, or material witness concerning the proceeding or has expressed an opinion concerning the merits of the particular case in controversy.”<\/p>\n

With Justice Kagan sitting out the Arizona immigration case, a 4-4 decision by the high court would mean the federal appeals court decision, which rejected key portions of the Arizona law, would stand.<\/p>\n

That’s why it is critical for you to stand with the ACLJ now as we prepare a critical amicus brief – representing members of Congress – and thousands of Americans – urging the high court to uphold Arizona’s law – a measure patterned after federal law – a measure that protects Arizona’s border and citizens.<\/p>\n

If you haven’t done so yet, please add your name to our Committee<\/a> that will be represented on our brief to be filed with the Supreme Court soon.<\/p>\n

Jay Sekulow<\/a><\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

When the Supreme Court announced yesterday that it will consider the Arizona immigration case to determine whether this measure is constitutional, something else happened. Justice Elena Kagan, who served as Solicitor General for President Obama before being nominated and confirmed to the Supreme Court, decided not to participate in the Arizona immigration case. In recusing…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[83,82,8],"tags":[743,502,499,203,442,791,500,764,501,744],"class_list":["post-1828","post","type-post","status-publish","format-standard","hentry","category-arizona","category-immigration","category-supreme-court","tag-aclj","tag-arizona-sb-1070","tag-bill-hemmer","tag-fox-news","tag-illegal-immigration","tag-jay-sekulow","tag-justice-elena-kagan","tag-obamacare","tag-recusal","tag-supreme-court"],"yoast_head":"\nJay Sekulow: Justice Kagan's Recusal Raises Questions - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jay Sekulow: Justice Kagan's Recusal Raises Questions - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"When the Supreme Court announced yesterday that it will consider the Arizona immigration case to determine whether this measure is constitutional, something else happened. Justice Elena Kagan, who served as Solicitor General for President Obama before being nominated and confirmed to the Supreme Court, decided not to participate in the Arizona immigration case. In recusing…\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html\" \/>\n<meta property=\"og:site_name\" content=\"Faith & Justice\" \/>\n<meta property=\"article:published_time\" content=\"2011-12-13T17:20:44+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2011-12-13T17:21:05+00:00\" \/>\n<meta property=\"og:image\" content=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80855848-150x150.jpg\" \/>\n<meta name=\"author\" content=\"Jay Sekulow\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Jay Sekulow: Justice Kagan's Recusal Raises Questions - Faith & Justice","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html","og_locale":"en_US","og_type":"article","og_title":"Jay Sekulow: Justice Kagan's Recusal Raises Questions - Faith & Justice","og_description":"When the Supreme Court announced yesterday that it will consider the Arizona immigration case to determine whether this measure is constitutional, something else happened. Justice Elena Kagan, who served as Solicitor General for President Obama before being nominated and confirmed to the Supreme Court, decided not to participate in the Arizona immigration case. In recusing…","og_url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html","og_site_name":"Faith & Justice","article_published_time":"2011-12-13T17:20:44+00:00","article_modified_time":"2011-12-13T17:21:05+00:00","og_image":[{"url":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80855848-150x150.jpg"}],"author":"Jay Sekulow","twitter_card":"summary_large_image","schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html","name":"Jay Sekulow: Justice Kagan's Recusal Raises Questions - Faith & Justice","isPartOf":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html#primaryimage"},"image":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html#primaryimage"},"thumbnailUrl":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80855848-150x150.jpg","datePublished":"2011-12-13T17:20:44+00:00","dateModified":"2011-12-13T17:21:05+00:00","author":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4"},"breadcrumb":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html#primaryimage","url":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80855848-150x150.jpg","contentUrl":"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_80855848-150x150.jpg"},{"@type":"BreadcrumbList","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-justice-kagans-recusal-raises-questions.html#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice"},{"@type":"ListItem","position":2,"name":"Jay Sekulow: Justice Kagan’s Recusal Raises Questions"}]},{"@type":"WebSite","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/","name":"Faith & Justice","description":"Jay Sekulow - ACLJ","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4","name":"Jay Sekulow","description":"Jay Sekulow is Chief Counsel for the American Center for Law and Justice (ACLJ), a law firm and educational organization that focuses on constitutional law. He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1828","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=1828"}],"version-history":[{"count":9,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1828\/revisions"}],"predecessor-version":[{"id":1837,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1828\/revisions\/1837"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=1828"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=1828"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=1828"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}