The Case From Which Justice Scalia Has Refused To Recuse Himself

[reprehensor]

http://writ.news.findlaw.com/dean/20040326.html

Recently, and now famously, U.S. Supreme Court Justice Antonin Scalia refused to recuse himself in the lawsuit involving his friend and duck-hunting compatriot Vice President Dick Cheney.

Much attention has been focused on the merits of the recusal decision itself -- including acute FindLaw columns by Edward Lazarus and Michael Dorf. In this column, I will focus, instead, on the underlying lawsuit.

It is an extraordinary case -- in which the Vice-President contends that he is, in essence, beyond the reach of the law. It began as a set of rather pedestrian discovery matters in two consolidated civil lawsuits. Now, however, because of Cheney's stance, it could be a landmark Constitutional decision.

Justice Scalia obviously wants to be involved in this decision. Indeed, he seems to want this so much, that he is willing to give up any hope of attaining the Chief Justice spot on the Court, in the event of a retirement.

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[gWbush is Mabus]

1. wow