Scalia To Recuse Himself From Detainee Case
By Justin Gardner | Related entries in Law, Supreme Court, The War On TerrorismThat should be the headline we see in the next few days.
The Supreme Court this week will hear arguments in a big case: whether to allow the Bush administration to try Guantánamo detainees in special military tribunals with limited rights for the accused. But Justice Antonin Scalia has already spoken his mind about some of the issues in the matter. During an unpublicized March 8 talk at the University of Freiburg in Switzerland, Scalia dismissed the idea that the detainees have rights under the U.S. Constitution or international conventions, adding he was “astounded” at the “hypocritical” reaction in Europe to Gitmo. “War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts,” he says on a tape of the talk reviewed by NEWSWEEK. “Give me a break.”
Also, a little background as to why Scalia feels this way:
Challenged by one audience member about whether the Gitmo detainees don’t have protections under the Geneva or human-rights conventions, Scalia shot back: “If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son and I’m not about to give this man who was captured in a war a full jury trial. I mean it’s crazy.” Scalia was apparently referring to his son Matthew, who served with the U.S. Army in Iraq.
So then, it’s perfectly understandable that Scalia has this view, but if he hears this case it’s an obvious conflict of interest. I don’t know, maybe he’s getting sloppy. Or maybe it’s all part of some grand plan. Frankly, I think it’s neither. The guy is just speaking his mind. But at the end of the day, I hope he does the right thing and recuses himself from this case.
One last note from this story, Scalia apparently has the same fear I do:
Scalia did say, though, that he was concerned “there may be no end to this war.”
I’m with ya’ Antonin, but I do think that subsequent administrations will fight this war in a much more intelligent and responsive manner.
We will win this war. We must.
MORE
Scalia is, without a doubt, one of the more brilliant legal minds on the bench at any level. However, when it comes to decorum and judicial temperament, it seems that Scalia has some room for improvement.
Well said Ed. Scalia is an incredibly important voice on the SCOTUS, but this case requires his recusal.
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March 27th, 2006 at 10:32 am
I can’t help but thinking that he’s starting to be careless. He already recused himself from the Pledge of Allegiance case because he made comments that he made that made it pretty apparent what his views were.
He also came under attack for hunting with Cheney when the case to make public the records from Cheney’s energy policy meetings was coming down the pipeline.
As a Supreme Court Justice, you have to know that every public comment you make will be recorded, and every action will come to light. It’s like constantly being under a confirmation hearing. Apparently, he has forgotten this.
March 27th, 2006 at 11:32 am
Justin, good post … and you sre spot on … he should recuse.
March 27th, 2006 at 2:05 pm
Its the right decision to make, but don’t expect Ruth Ginsburg to recuse herself when the South-Dakota abortion case comes before the courts. She has made similar speeches to “womens rights” groups over the years, but there is always a different standart when talking about potential prohibition of abortion.
March 27th, 2006 at 4:07 pm
Jimmy’s comment is quite interesting and contains the seeds of a good argument. It’s a shame Jimmy provides no actual quotation of the allegedly “similar” speeches, or a hyperlink to a putative example of such.
March 27th, 2006 at 4:07 pm
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