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Justice Scalia may not have realized that a duck-hunting trip with his old friend Dick Cheney would end in his becoming the prey.


* Justice Scalia Sca·li·a   , Antonin Born 1936.

American jurist who was appointed an associate justice of the U.S. Supreme Court in 1986.
 may not have realized that a duck-hunting trip with his old friend Dick Cheney Che·ney   , Richard Born 1941.

Vice President of the US (since 2001).
 would end in his becoming the prey. But ever since then the justice has been ducking bullets, with critics saying that he should recuse To disqualify or remove oneself as a judge over a particular proceeding because of one's conflict of interest. Recusal, or the judge's act of disqualifying himself or herself from presiding over a proceeding, is based on the Maxim  himself from a pending case involving Cheney's energy task force. He has now explained his reasons for not doing so. The vice president is being sued in his official, not personal, capacity. It would be "intolerable," writes Scalia, to "give elements of the press a veto veto [Lat.,=I forbid], power of one functionary (e.g., the president) of a government, or of one member of a group or coalition, to block the operation of laws or agreements passed or entered into by the other functionaries or members.

In the U.S.
 over participation of any justices who had social contacts with, or were even known to be friends of, a named official." No such standard has ever been imposed. He notes that it would have been easy for him to "silence the criticism" by "getting off the case," but writes that he could not do so "in good conscience." Traditionally, it is up to justices to decide whether to recuse themselves from a case. If Scalia's judgment that he can be impartial Favoring neither; disinterested; treating all alike; unbiased; equitable, fair, and just.  in this case cannot be trusted, he should not be on the Supreme Court in the first place. Which, for the critics, may be the point.
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Title Annotation:The Week
Publication:National Review
Article Type:Brief Article
Geographic Code:1USA
Date:Apr 19, 2004
Words:193
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