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A Legal Blog for the rest of us!

Monday, January 26, 2004

SCALIA RECUSAL RESPONSE: YOU HEARD IT HERE FIRST, FOLKS 
On Friday's post, THIS STINKS, I told you:

Probably what the Chief Justice will respond with is something like general principles of fairness, along with an assurance that no appearance of impropriety exists.


Well, it looks like the Chief Justice did my prediction one better: he sidestepped the issue altogether. The Associated Press (via Discourse.net) revealed the letter, in which:

Rehnquist did not give an opinion about whether Scalia should step down from hearing the case, but made clear that it was up to Scalia — and no one else — to make that decision.


The senators who wrote the initial protest to the Chief Justice conclude:

Leahy said Monday that Rehnquist’s letter confirms that the Supreme Court, unlike federal appeals courts and district courts, has no recusal procedure or oversight system. He also defended the timing of the letter.


Hmmm...sound familiar? Maybe because you heard it here three days ago:

I'll tell you what standards there are: none. "The code of conduct of the Judicial Conference of the United States applies to all federal judges but is only advisory and nonbinding on Supreme Court justices."


I know everyone hates an I told you so, but: I told you so.
Posted by: Centrist / 1/26/2004 03:56:00 PM (Cosmos)