To: kattracks
Hmmmm. Could
this possibly be what's behind Scalia recusing himself from the POA case????
There has been a lot of puzzling over why he would knowingly speak before the KoC about a case that was pending, forcing himself to recuse.
Did he deliberately do so in order to set peer precedent and put pressure on Ginsburg to do so on abortion?
If so, it would be a stroke of pure genius.
18 posted on
03/23/2004 6:40:49 AM PST by
LTCJ
(Gridlock '05 - the Lesser of Three Evils.)
To: LTCJ; kalt
"Did he deliberately do so in order to set peer precedent and put pressure on Ginsburg to do so on abortion?"
Great question!
If Ginsberg has to recuse herself from cases in which NOW files amici briefs, that means that decisions by conservative Circuit Courts or conservative state supreme courts may be upheld by the Supreme Court with just 4 votes (Rehnquist, Scalia, Thomas and Kennedy), since there would not be 5 votes to overturn them. But in cases coming out of liberal Circuit Courts or liberal state supreme courts, it wouldn't help us any.
27 posted on
03/23/2004 4:10:48 PM PST by
AuH2ORepublican
(Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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