Bench Memos

NRO’s home for judicial news and analysis.

Scalia’s Recusal Refusal


Ed Whelan does a bang-up job below of debunking Adam Cohen’s partisan attack on Justice Scalia’s refusal to recuse himself in the case involving Vice President Cheney’s energy task force.  I would add that Cohen’s reliance on Professor Monroe Freedman for guidance on legal ethics can be balanced by NRO’s own publication, back in March 2004, of a piece defending Scalia’s recusal by Professor Ronald Rotunda of George Mason University.  Rotunda is the co-author of a (perhaps the) leading textbook on legal ethics, Problems and Materials on Professional Responsibility.  As long as we’re relying on the authority of experts . . .

Tags: Franck


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