NY Times editorial: Scalia should recuse himself

[spanone]

The NYTimes has called for Supreme Court Justice Scalia to step down from decision making in the Cheney appeal on his energy task force discloser. How arrogant of both of these "politicians" that they could care less about appearances.http://www.nytimes.com/2004/01/25/opinion/25SUN3.html?pagewanted=print&position

[Ninchik]

1. Aww, they finally noticed.

The step down should be permanent. Mr. Scalia's loathing for the Constitution is inappropriate.

[spanone]

2. Welcome Ninchik DU welcomes U

[frank frankly]

3. what a marvelous nice post

welcome, welcome, welcome...you nailed it.

[newyawker99]

21. Hi Ninchik!!

Welcome to DU!! :toast:

[Faygo Kid]

4. I'm a lawyer. And this isn't even close.

A U.S. Supreme Court justice cozying up to a party in a case he knows is before him? Where is the media on this? Where the hell is the ABA? This is an outrage. Of course Scalia should recuse himself. This is why we lose; we let this kind of outrage go unchecked. And I would say the same thing if it went against our side. I don't believe that this is even an issue. It is obvious. And, it is a monstrosity.

[spanone]

5. Where the hell IS the outrage???

Why does the media give these guys a pass. This is OUR VICE PRESIDENT who has a case BEFORE THIS JUDGE and their FISHHIIINNNG
JAYSUS CHRIST ALMIGHTY PEOPLE!!!!!

[Skittles]

9. I'm not a lawyer and I've been thinking the same thing

it's outrageous that the appearance of impropriety doesn't seem to concern Scalia OR the White House. The fact that it is NOT an issue IS the issue.

[nostamj]

12. they (the bushies) just don't care anymore

they're empowered. they're above law and propriety.

the chimp's re-elect numbers are tanking.
he loses against Kerry right now.

and they don't care.
because they aren't going anywhere?

american patriots fought a king george once before.
it didn't go well for george.

[welshTerrier2]

6. The 2000 Election - Is this true ???

i heard on the radio last week that 2 of Scalia's kids work (worked?) for the law firm that tried the Gore-Bush case before the SCOTUS in 2000 ...

is this true? were they working there while the case was being heard?

[Stephanie]

11. It's true that one Scalia son worked for Olsen's firm, IIRC

And that Thomas's wife was working for the Heritage Foundation to recommend staffers to the Chimpy administration.

Move along. Nothing to see here.

*edit* link for this: http://www.wsws.org/articles/2000/dec2000/sup-d22.shtml

[welshTerrier2]

13. but but but ...

explain to me why you state there's nothing to see here ...

if one Scalia son worked for Olsen's firm, wouldn't that create a conflict of interest or at least the possibility of one ??

Olsen: I'll give your kid a big promotion if you give us this one ...
Scalia: Sure ... why not ...

is that how it's supposed to work ?? why wouldn't Scalia have to recuse himself in a situation like this ?? you dismissed this just a little too quickly ... please explain ...

[Stephanie]

17. Darling, they are REPUBLICANS.

Now move along. What are YOU looking at? Keep moving and stop craning your neck like that!

(Funny you should mention that "big promotion" - because GUESS what happened to Eugene Scalia after the 2000 Selection?)

http://www.prospect.org/print/V12/16/green-j.html
Ergonomic Enemy

By Joshua Green
Issue Date: 9.10.01
Print Friendly | Email Article

Democrats still reeling from the Bush v. Gore decision in December must have cringed when President Bush announced his choice for solicitor of the Labor Department. In April, Bush appointed Eugene Scalia, the 37-year-old son of Supreme Court Justice Antonin Scalia, to the number-three spot at Labor. The younger Scalia's nomination was no mere act of nepotism, like, say, the appointment of 28-year-old Strom Thurmond, Jr., as South Carolina's U.S. attorney, or the appointment of Kentucky Senator Jim Bunning's son to a federal judgeship, or even the appointment of Janet Rehnquist, daughter of Chief Justice William Rehnquist, as the inspector general of the Health and Human Services Department. Scalia's nomination is on an entirely different scale.

[Art_from_Ark]

20. "Move along, nothing to see here"

is always used in a sarcastic tone here at DU. It is used whenever a case of Republican stonewalling, evidence-hiding, back-room deal, etc., is so obviously corrupt that it almost literally shouts out for an investigation, yet the media and/or authorities casually cast it aside as if it were nothing to be concerned about.

[Stephanie]

14. But don't worry - CNN said it's okay if you're a Republican

http://www.cnn.com/2000/LAW/12/12/supreme.court.conflict/

Ethics experts say Scalia, Thomas connections not conflicts of interest
December 12, 2000

WASHINGTON (CNN) -- Supreme Court Justices Clarence Thomas and Antonin Scalia both have family connections to George W. Bush's side -- but ethics experts say neither justice has a conflict of interest or needs to step aside from voting in the Florida recount case.

<snip>

Clarence Thomas' wife Virginia recently sent an e-mail to 194 House and Senate aides suggesting they submit resumes "for transition purposes" to the conservative Heritage Foundation, where she is a senior fellow specializing in government studies.

<snip>

Two of Scalia's nine children are connected with law firms representing Bush.

• Eugene Scalia, 37, is a partner in the Washington office of Gibson, Dunn & Crutcher, where Bush lawyer Theodore Olson also is a partner.

• John Scalia, 35, has accepted a job offer with the Washington office of Greenberg Traurig. Another Bush lawyer, Barry S. Richard, is a partner in that firm's Tallahassee office.

Legal ethics expert Stephen Gillers of New York University's law school says Scalia isn't required to step aside. "It's not a basis for disqualification, so long as neither child is involved in the case," Gillers said.

[welshTerrier2]

18. nice research ... thanks ...

of course, this is totally pathetic ...

the fact that Scalia's kid is a partner means that he would directly benefit from the pretige the firm would receive if Olson won the case ...

conflict of interest ???? nahhhhhhhhhhhhhhhhhhhhhhhh ... seems fine to me ...

i've talked to many people about this since I heard it on the radio last week ... they were not aware of this information ... I think it deserves a little dissemination ...

interesting to think about what would have happened in the 2000 election if Scalia had recused himself and the court divided 4 - 4 ... then what ??

[kodi]

7. fat tony is above the law, he talks to god

.

[spanone]

8. God should tell him he's a dumbass. Power obviously corrupts

[Skittles]

10. lol........................kodi

:7

[KG]

15. where's the outrage from the dem leadership and candidates?

is that it, that sound of crickets chirping? :eyes:

forget help from the media, but the dem leadership is dropping the ball on this issue like so many others.

they deserve each and every ass kicking they get.

[Faygo Kid]

16. I'm with you.

Yet again, the silence from the Dem leadership is deafening. Hello, Sen. Daschle? Anybody home?

[KG]

19. a true opposition party would be raising hell about this

and so many other issues. but they are no longer interested in being the opposition, and that explains the dems gradual loss of power in this country.