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Monday, March 01, 2004

Antonin "Duck You" Scalia gets recusal request 

Reuters:

The U.S. Supreme Court said on Monday it referred to Justice Antonin Scalia a request that he remove himself from a case about Vice President Dick Cheney's energy task force because their recent duck-hunting trip raised questions about his impartiality.

The Sierra Club environmental group, which sued Cheney for the task force papers, filed a motion last week asking that Scalia disqualify himself from the case because the January trip had created "an appearance of impropriety."

It said Scalia's removal would "restore public confidence in the integrity of our nation's highest court."

The justices said in a brief order, "In accordance with its historic practice, the court refers the motion to recuse in this case to Justice Scalia." It was not clear when Scalia would respond to the request.

He has defended his decision to go on the trip and said his impartiality could not be reasonably questioned.

According to the motion, Scalia and his daughter were Cheney's guests on Air Force Two on a Jan. 5 flight to Louisiana. Cheney and Scalia were guests of the president of an energy services company on a duck-hunting vacation.

Cheney is being sued by the Sierra Club and another group. They want him to release documents about White House contacts with the energy industry in 2001. The vice president has appealed to the Supreme Court a ruling ordering him to produce the documents.

In mid-December, the Supreme Court agreed to hear Cheney's appeal. Oral arguments are expected in April.

If Scalia removed himself from the case, it would raise the prospect of a possible 4-4 vote. When the high court deadlocks, the lower court's ruling -- in this case the U.S. appeals court decision that went against Cheney -- is upheld.

We won't say "duck pit" but feel free to think it...

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