Recuse Yourself
In essence, I agree with the cartoons sense that the relationship between the executive and judicial had been compromised by both Dick Cheneys and Justice Scalias seemingly intimate connections. The cartoon, suggests a much bigger issue though, that of the election of George Bush and the questionable election results. It is in this sense too, that the relationship between the two institutions could be called into question. Again, refereeing to Scalias memorandum, it seems to me, that no care nor regard had been given to the appearance of impartiality if regard had been given, Justice Scalia would have recused himself for forms sake, and not put forward arguments based on court cases which had been set, in different times and under different political situations.
The question of must Justice Scalia recuse himself, may be simply answered with no. However, the real question of should or should have remains a personal point of contention. Because, something is legal, does not mean one should do it, sometimes, the moral ground, is of more if not the most importance when it comes to separations of power. In this case, Justice Scalia exercised legal right, leaving morality and appearances dangling in the wind.
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