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View Diary: SCALIA: Why He Must RECUSE HIMSELF from the Prop 8/DOMA Decisions (50 comments)

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  •  This is a misunderstanding (2+ / 0-)
    Recommended by:
    marty marty, Dave in Northridge

    of the basis fo recusal.

    Exprssing a view that impacts a case before him is the basis here.

    It exists. But he won't.

    Of course the rule is rather silly in that Scalia's previously issued opinions express views on a case before him.

    But the rule does say that what Scalia has done is grounds for recusal.

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