Strengthening Constitutional Self-Government

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Scalia Explains Recusal Refusal

For those interested in Justice Scalia’s explanation of why he will not recuse himself from an upcoming case involving Vice President Dick Cheney (a long-time friend with whom he traveled on a recent hunting trip), see the following 21-page memorandum. For you sporting enthusiasts, the memo includes details about the hunting trip. The Wall St. Journal posts a story on the memo
here
.

Quick excerpt from Scalia’s memo:

"The question, simply put, is whether someone who thought I could decide this case impartially despite my friendship with the Vice President would reasonably believe that I cannot decide it impartially because I went hunting with that friend and accepted an invitation to fly there with him on a Government plane.
If it is reasonable to think that a Supreme Court justice can be bought so cheap, the nation is in deeper trouble than I had imagined."

Discussions - 2 Comments

Mr. Scalia needs 21 pages to explain?

It’s like the first time your mom catches you with your hand in the cookie jar and you just start babbling.....

That’s "damned if you do, damned if you don’t" logic. Scalia took 21 pages to explain why the Sierra Club’s argument was unprecedented. The Sierra Club has no good response on the merits. Since it can’t say anything substantive, I’m sure it will follow Scott’s lead and insinuate that there must be an issue or otherwise Scalia would not have needed to write 21 pages laying the issue to rest.

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