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March 27, 2006

Should Scalia recuse himself?

[I pushed this up to the top as there are updates. See bottom of post]

I'm no legal scholar and I don't play one on this blog.

But if a Supreme Court Justice offers up an opinion on an issue and is now set to hear a case on that issue, shouldn't he recuse himself?

The Justice candidates claim they can't answer questions regarding specific issues when they're in the Senate Hearing process due the judicial ethics involved--they might have a case come before them regarding those issues and must keep an open mind.

Again, I'm not a legal scholar. But it seems to me that Scalia has no business sitting for the case.

update: TChris at TalkLeft chides Scalia for a lack of judicial ethics on this as well. Ann Althouse doesn't seem to think much of Scalia on this either.

Posted by Carla at March 27, 2006 09:41 AM