Article III, sec. 1, of the U.S. Constitution establishes the federal judiciary. The requirements aren't much -- one needn't even be a lawyer to qualify as a federal judge. There are only two simple requirements:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.So, to become and remain a federal judge (or Justice) for life, one need only (1) behave him/herself and (2) get paid.
In my opinion, if she continues to refuse to recuse herself from the Obamacare case, Justice Elena Kagan will meet only one of those two simple requisites for service in the federal judiciary.
In her role as Solicitor General, Kagan became so inextricably intertwined in efforts to pass the Act that she cannot possibly be able to remain impartial in hearing arguments against, and deciding on, its constitutionality. Because such an appearance of impropriety falls well shy short of "Good Behavior," Justice Kagan should be Impeached, convicted by the Senate, and removed from the bench.
Yes. I contend that such egregious behavior amounts to nothing less than "high crimes and misdemeanors." The woman clearly perjured herself during her confirmation hearings by denying any participation in the Obamacare process, and her threatened participation in the Obamacare case is an oozing blemish on the face of the Supreme Court.
Where's the Clearasil?!?!