The Mudcat Café TM
Thread #130902   Message #2959605
Posted By: Genie
06-Aug-10 - 02:35 PM
Thread Name: BS: FoX News TKO's Obama..Shirley Sherrod Firing
Subject: RE: BS: FoX News TKO's Obama..Shirley Sherrod Firing
Correction: Scalia and Cheney went duck hunting together, not golfing, while Cheney had a case pending before the SCOTUS.

CBSNews article here

[[(CBS)  Vice President Dick Cheney and Supreme Court Justice Antonin Scalia spent part of last week duck hunting together at a private camp in southern Louisiana, just three weeks after the court agreed to take up the vice president's appeal in lawsuits over his handling of the administration's energy task force, the Los Angeles Times says in its Saturday editions.

While Scalia and Cheney are avid hunters and longtime friends, several experts in legal ethics questioned the timing of their trip and said it raised doubts about Scalia's ability to judge the case impartially, the newspaper pointed out.

But Scalia rejected that concern Friday, telling the Times, "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," the Times notes.

For nearly three years, Cheney has been fighting demands that he reveal whether he met with energy industry officials, including Kenneth Lay when Lay was chairman of Enron, while Cheney was formulating the president's energy policy, the Times explains.

A lower court ruled that Cheney must turn over documents detailing who met with his task force, but on Dec. 15, the high court announced it would hear his appeal. The justices are due to hear arguments in April in the case of "in re Richard B. Cheney."

In a written response to an inquiry from the 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."
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