Friday, March 19, 2004

You don't let me have any fun: To be serious, I think that judges should make the first call whether they should recuse themselves. Usually, the issue is pretty self-evident, and most judges use the "appearance of impropriety"-type test. There is nothing that says you can't sit in judgment of an acquaintance or professional colleague. You just shouldn't do it if your personal feelings for or against that person or party, or some financial interest, prevent you from being fair - whatever that means.

What I am barking about is that it's easy for Scalia to say all the papers have it all wrong "because I was there." Of course, if we let Martha Stewart decide her own case based on what she remembers having said or done (or not said or not done)...well, you see my point, even if facetiously made.

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