Posted on 03/09/2004 6:00:07 AM PST by OESY
Edited on 04/22/2004 11:51:14 PM PDT by Jim Robinson. [history]
As members of the guild, we realize editorial writers have to be angry about something. But the standards for outrage are clearly slipping when papers all over America are reduced to denouncing a hunting trip by Supreme Court Justice Antonin Scalia and Vice President Dick Cheney.
(Excerpt) Read more at online.wsj.com ...
I hope he sticks to it too....
I have a problem with this trip. It is not the trip itself but the fact that Justice Scalia didn't pay for it. An energy company that was involved in the energy company, plus Cheney on AF2 paid for it.
If A.C. Cowlings paid for a golf trip for him, OJ and Judge Ito, and they flew there in OJ's private jet, a few weeks after Ito was designated as the judge in OJ's trial, I think most of us would have had a problem with it. A criminal case is different. We would have had a problem with it, even if Judge Ito paid his own way.
That being said, I think it is an ethical lapse for a Judge, even a Supreme Court justice to take gifts from people he is going to rule on.
I don't think that Justice Scalia necessarily has to recuse himself, but I would feel that ethically, he should reimburse the taxpayers for his usage of Air Force 2, as well as pay the going rate for his hunting trip, back to the energy company.
Supreme Court Justices get paid pretty well. He didn't need the comp and it does put him in an ethically challenged position.
If Harry Blackman was comped a trip to a retreat in the Amazon by Planned Parenthood before he ruled on Roe V Wade would any of you have a problem with that? Ethics should not be situational, based on if we philosophically agree with the people involved. We have a generally acknowledged standard of conduct prescribed for judges. Getting gifts from plaintiffs or defendants is something that is considered unethical. The Journal in this editorial makes no mention of the fact that this was a free trip. It may seem like a small point, but it still is an important one.
Judges (should) know better than taking gifts. I don't know what Justice Scalia was thinking when he decided to let the other parties pay his way.
They learned this from little snot-nosed Tommy.
Yes, I'm from Chicago.
I have a very sensitive ethical antenna when it comes to Supreme Court cases. The article tried to skirt the issue by saying "it's the office, not the man" which is idiocy. The case is against Cheney, and Cheney and Scalia went on a personal, private trip together in which Scalia received benefits (free trip).
While I doubt there would be any actual impropriety in Scalia's decision, the appearance of impropriety is enough to have Scalia recuse himself.
Er, no.
A typical case titled something like Joe Blow v. High Muckitymuck Official names the latter in his institutional role as the individual responsible for the actions of his department. Usually, there is not the slightest suggestion that Mr. Muckitimuck has personally participated in or profited from any of the actions to which Mr. Blow takes exception, and Mr. Muckitimuck's personal contacts thus do not create any real or reasonably perceived conficts of interest.
In this case, however, Cheney took an active and direct role in the energy task force. Thus, the issue of personal interest does arise, and Scalia is in a compromised position.
Can you source your info that an energy company paid for the trip? From what I know, Scalia was a guest of Cheney. No big deal, from my perspective.
It was a private reserve owned and operated by a Louisiana oil exec. It is assumed that both were comped for the trip. The details are still murky. Scalia got a free ride on AF 2 and a free hunting trip at a retreat owned by an oil exec though. That much is not in dispute.
It wasn't a very bright idea.
But, why? I am under the impresion that the purpose of a "duck decoy" was to lure the ducks in your direction, and not to frighten them off...
the infowarrior
hmmmm... Did I say anything about a decoy? *grin*
hmmmm... Did I say anything about a decoy? *grin*
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