NYT Editorial: Justice Scalia and Mr. Cheney

[Snellius]

Justice Antonin Scalia went duck hunting with Vice President Dick Cheney in January, just weeks after the Supreme Court accepted an important case involving Mr. Cheney. There were widespread calls on Justice Scalia to recuse himself, which he refused. Now it turns out that Justice Scalia accepted free air travel from Mr. Cheney, making the case for recusal far stronger. And there are reports of questionable contacts between Justice Scalia and another person with a case before him. In the interest of justice, and of the court's reputation, Justice Scalia should step aside in Mr. Cheney's case.

The Supreme Court has accepted Mr. Cheney's appeal of a lower-court order requiring him to reveal some of the people who appeared before his secret energy task force in 2001. With the appeal pending, Justice Scalia went duck hunting with Mr. Cheney and accepted free rides for himself and his daughter on Air Force Two. The Los Angeles Times reported yesterday that two years ago, Justice Scalia went pheasant hunting as a guest of the dean of the University of Kansas Law School. Two weeks later, the dean appeared before the Supreme Court, representing the State of Kansas in a prison case.

The law says a federal judge must recuse himself in proceedings where his "impartiality might be questioned." What matters, the Supreme Court has held, is not the reality of bias, but its appearance. By vacationing in a small group with Mr. Cheney and taking things of value, Justice Scalia created an appearance of bias in Mr. Cheney's favor. The Kansas trip is less clear-cut because it was with a lawyer, not a party to a lawsuit. But it still raises an appearance of partiality (the lawyer for the other side in the case would certainly have had reason to feel disadvantaged) and should have been avoided.

Recusal rules protect not only litigants, but also the court itself. Justice Scalia's actions have again made the court fodder for late-night comedy, as it was after the 2000 election. If Justice Scalia stays on the case and votes in Mr. Cheney's favor, the court will no doubt face more criticism. Justice Scalia should recuse himself, either of his own volition or with the encouragement of his colleagues.

http://www.nytimes.com/2004/02/28/opinion/28SAT1.html

[joshdawg]

1. ethics-Scalia=oxymoron

ethics=oxy----Scalia=moron

[Odallas]

2. Vice pResident Cheney?

Corporate media now attempting to obfuscate this with report justice scalia recently hunted pheasant in Nebraska with law professors who have a case pending of the supreme court. The question being, can asupreme court justice socialize with litigants and still be impartial? CUUK,CUUK (voice of a pheasant).

[indepat]

3. Scalia doesn't give a rat's ass what we think: he knows he has a lifetime

appointment and no Rethug would ever vote to impeach, so we will likely get a good look at his middle finger frequently as he shafts our Constitution.

[The Zanti Regent]

4. Scalia is above the law

He sold his soul to Opus Dei, just like his Soul Brother Slappy Thomas!