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.
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.