"it should remain Scalia's decision whether to do so or not. If he cannot be trusted to make it, he cannot be trusted to decide anything."
'Course, that's just Dahlia Lithwick's personal opinion.
And, of course, the definition of the word "fairly" must be left to democrats!
This involves an interesting analysis of the left-wing media in this country. You can usually tell the party of an evil-doing politician by whether there are cals for his/her resignation/recusal. If there are calls for resignation, them he/she is propbably a Republican, as in the Washington state Senator who allegedly used a racial slur. He must resign!!! When there is mention of wromg doing but the media DOESN'T mention calls for resignation/recusal, you know it's a dem, as in Hillie saying that Ghandi worked in a minimart.
Read carefully and place your bets according to this outline; you'll be a winner!!