Scalia trip with Cheney raises eyebrows
Justice to hear case of energy task force
By David G. Savage, Los Angeles Times, 1/18/2004
http://www.boston.com/news/nation/washington/articles/2004/01/18/scalia_trip_with_cheney_raises_eyebrows/WASHINGTON -- Vice President Dick Cheney and Supreme Court Justice Antonin Scalia spent part of last week duck hunting at a private camp in southern Louisiana, three weeks after the Supreme Court had agreed to take up the vice president's appeal in lawsuits over his handling of the administration's energy task force. While Scalia and Cheney are avid hunters and longtime friends, several legal ethics specialists questioned the timing of their trip, and said it raised doubts about Scalia's ability to judge the case impartially.
Scalia said Friday: "I do not think my impartiality could reasonably be questioned."
Federal law says: "Any justice or judge shall disqualify himself in any proceeding in which his impartiality might be questioned."
For almost three years, Cheney has been fighting demands that he reveal whether he met with energy industry officials, including the chairman of Enron at the time, Kenneth L. Lay, when Cheney was formulating the president's energy policy.
A lower court has ruled that Cheney must turn over documents detailing who met with his task force, but on Dec. 15, the Supreme Court announced it would hear an appeal. The justices are due to hear arguments in April "in re Richard B. Cheney."
In a written response to an inquiry from the Los Angeles Times about the hunting trip, Scalia said: "Cheney was indeed among the party of about nine who hunted from the camp. Social contacts with high-level executive officials (including Cabinet officers) have never been thought improper for judges who may have before them cases in which those people are involved in their official capacity, as opposed to their personal capacity. For example, Supreme Court justices are regularly invited to dine at the White House, whether or not a suit seeking to compel or prevent certain presidential action is pending."