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Breyer’s Non-Recusal


When Justice Scalia failed to recuse himself from the Energy Task Force litigation because he went duck-hunting with Vice President Cheney, it was a national scandal. Yet when Justice Breyer failed to recuse himself from the federal sentencing guidelines case, when he helped develop the guidelines before he was on the court, it was barely noticed. I think both decisions not to recuse are defensible, but the disparate indignation is not. William at SA has more thoughts.


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