Let me admit: My view is that Scalia should stay out of any case involving the political interests of this administration. Here, after all, is the man who played such a central role in putting Bush and Cheney into office through that abominable Bush v. Gore decision. How can the kingmaker be expected to offer a fair judgment on the king and his handpicked deputy?
This is a scandal. Because of ideological connivance across the branches of our political system, we are abandoning the checks and balances that make our government work. Scalia put aside his own long-standing convictions on issues involving states' rights and equal protection to find a way to put Bush and Cheney in office. Now he says we shouldn't worry that he is friendly with the guy whose case he is deciding in the middle of another election campaign.
Citing past rulings, Scalia wrote in his apologia that his "recusal would be required if, by reason of the actions described above, my 'impartiality might reasonably be questioned.' " True, Scalia's impartiality can't be questioned. It can't even be imagined. The justice's memo makes clear that he's in the wrong line of work.[Nitpicker emphasis]