But forget the code, let's talk morality. The argument against Justice Thomas is specious at best. The assumption that Justice Thomas can not render a competent decision, simply because his wife holds a certain job, is insulting, bordering on sickening. Those who claim this argument must then reconcile the cases of Representatives and Senators whose spouses (or children) are lobbyists in DC.
The same can not be said of Justice Kagan. These latest emails show that her interest in Obamacare was indeed personal, and professional. As The American Thinker pointed out in early November, a Congressional request from 49 House members for documents involving then-Solicitor General Kagan's involvement with Obamacare was denied by the Justice Department. Without any legal merit the Justice Department decided not to comply, preventing further examination of Kagan's involvement with Obamacare.
What does it say if Kagan does not recuse herself? If politics is placed above the law - and its rightful inspection and scrutiny - then of what value is the law? If ideology trumps morality, then of what value is the court itself, or the law, or the Republic?
What value indeed.