Saturday, March 20, 2004

Scalia Won't Sit Out Case On Cheney

How A Supreme Court Justice Treats the Law: cite example from before the law in question was passed, as if they are precedents and not precisely the behavior the law was intended to address.

Pull Quote:

"He noted that, although Scalia wrote that his conduct was consistent with friendships such as those between Justice Byron R. White and Attorney General Robert F. Kennedy, and between Justice Robert H. Jackson and President Franklin D. Roosevelt, which did not lead to calls for recusal, those cases took place before the enactment of the federal law on judicial recusal. That statute, cited by the Sierra Club as the basis of its motion, requires judges to recuse when their impartiality might 'reasonably be questioned.'"

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