Should Scalia step aside?

[treedancer]

I am posting this to see what the majority opinion on this forum thinks. Do you think that Justice Scalia should step aside from hearing this case?<br />Filed at 11:22 p.m. ET<br /><br />WASHINGTON (AP) -- Supreme Court Justice Antonin Scalia was asked Monday to stay out of a case involving a foreign detainee because of remarks Scalia made about the rights of enemy combatants.<br />Speaking at the University of Freiberg in Switzerland on March 8, Scalia said foreigners waging war against the United States have no rights under the Constitution.<br />Justices were hearing arguments Tuesday in the case of Salim Ahmed Hamdan, a former driver for Osama bin Laden. His lawyers argue that President Bush overstepped his authority when he ordered Hamdan and other alleged enemy combatants to face special military trials.<br />Hamdan's lawyers have not called for Scalia to step aside. Instead, five retired generals who support Hamdan's arguments sent a letter late Monday to the court with the request that Scalia withdraw from participating in the case. They say Scalia appears to have prejudged the case.<br />The retired generals said Scalia's speech in Switzerland ''give rise to the unfortunate appearance that ... the justice had made up his mind about the merits'' of Hamdan's arguments.<br />In the speech, first reported by Newsweek, Scalia repeated his views from 2004 that enemy combatants held at Guantanamo Bay, Cuba, should not have access to U.S. courts and traditional legal rights.<br />The retired generals said that the justice may have ''personal animus'' to the Hamdan case because he has a son who served in the military in Iraq.<br />Justices decide for themselves whether they have conflicts and should stay out of cases.<br />Two years ago, the Supreme Court ruled that the detainees could use U.S. courts to challenge their detention. Scalia disagreed with that ruling, and in the recent speech repeated his beliefs that enemy combatants have no legal rights.<br />The Hamdan case will go forward without Chief Justice John Roberts, who had voted in the case as a lower court judge.<br />The letter came from five retired generals and admirals: Navy Rear Adm. Donald J. Guter; Navy Rear Adm. John D. Hutson; Vice Adm. Lee F. Gunn; Marine Brig. Gen. David M. Brahms; and Army Brig. Gen. James P. Cullen.<br /> <br /> That speech was on video this morning on court TV so it cant be said that it was taken out of context.

 

[Haut Medoc]

Re: Should Scalia step aside?

& resign as well, but not until 2009 .....JK

 

[gafteci]

Re: Should Scalia step aside?

Ditto

 

[treedancer]

Re: Should Scalia step aside?

B]Just something to think about, I am sure it has entered Justice Skalias mind a time or two <br /><br /><br />§ 455. Disqualification of justice, judge, or magistrate judge<br />Release date: 2005-09-29 <br />(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. <br />(b) He shall also disqualify himself in the following circumstances: <br />(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; <br />(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; <br />(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; <br />(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; <br />(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: <br />(i) Is a party to the proceeding, or an officer, director, or tru

 

[JB]

Re: Should Scalia step aside?

If we have a bias on the topic, should we be allowed to vote in this troll, er, um. . . .poll?

 

[KaGee]

Re: Should Scalia step aside?

He]] NO!

 

[treedancer]

Re: Should Scalia step aside?

JB said<br />

If we have a bias should we be allowed to vote in this troll, er, um. . . .poll?on the topic, <br /><br />

The poll didn’t change any from the point that I posted, what you consider a troll to the present. Did you vote?

 

[ufm82]

Re: Should Scalia step aside?

Does being a judge necessitate having no opinions on anything? Why should Scalia resign for having an opinion on this when just a short time ago Democrats were wailing that Alito and Roberts wouldn't declare a particular opinion? He's an American citizen FIRST and has every right to have his own beliefs. Should he allow those beliefs to influence his judgements? No- he should adhere to the law and apply it as such. The fact is, enemy combatants get NO rights from our Constitution. His view is fact- get used to it. <br /><br />UFM82

 

[kenimpzoom]

Re: Should Scalia step aside?

Funny, if judges used fact and not opinion to rule in cases then there would always be a unanimous vote.<br /><br />Ken

 

[treedancer]

Re: Should Scalia step aside?

UFM82 said<br />

<br />Why should Scalia resign for having an opinion on this when just a short time ago Democrats were wailing that Alito and Roberts wouldn't declare a particular opinion? <br /><br />

Who said anything about him resigning? I believe the legal term is recuse himself from the case. He made them statements before hearing the case .Would you want to go before a judge that had you judged prior to going to trial? I know I wouldn’t.

 

[Bondo]

Re: Should Scalia step aside?

Scalia said foreigners waging war against the United States have no rights under the Constitution.

I Failed to even See Any Issue here,...........At All...........<br /><br />No Questions........A Fact is a Fact,..........<br /><br />Talk about Poorly Worded,+ Composed Trolls,..................................

 

[Boomyal]

Re: Should Scalia step aside?

The only issue here is why, how we handle prisoners of war, is an issue to begin with. Scalia simply stated a historically obvious fact. Recuse himself? NO<br /><br />I think that the Democrats, who think they should have access to our civilian courts system, are the ones who need recusing.

 

[treedancer]

Re: Should Scalia step aside?

Wow I see some of the same people that were objecting to the police coming into bars and arresting people for having too much to drink, on another thread don’t seem to have any qualms about a supreme court Justice whose impartiality might reasonably be questioned hearing a case.<br /><br /> Just because you don’t like the individual in the case don’t mean that justice should be sacrificed. Isn’t that what this country is all about?<br /> Do I detect a little hypocrisy here? Is this some of the democracy that we are trying to spread to the rest of the world? I don’t know it looks like cafeteria democracy to me.<br /><br /> Her is the link if anyone cares to go look.http://forums.iboats.com/cgi-bin/ubb/ultimatebb.cgi?ubb=get_topic;f=20;t=014450

 

[POINTER94]

Re: Should Scalia step aside?

 

[Bondo]

Re: Should Scalia step aside?

Originally posted by treedancer:<br /> Wow I see some of the same people that were objecting to the police coming into bars and arresting people for having too much to drink, on another thread don’t seem to have any qualms about a supreme court Justice whose impartiality might reasonably be questioned hearing a case.<br /><br /> Just because you don’t like the individual in the case don’t mean that justice should be sacrificed. Isn’t that what this country is all about?<br /> Do I detect a little hypocrisy here? Is this some of the democracy that we are trying to spread to the rest of the world? I don’t know it looks like cafeteria democracy to me.<br /><br /> Her is the link if anyone cares to go look.http://forums.iboats.com/cgi-bin/ubb/ultimatebb.cgi?ubb=get_topic;f=20;t=014450

Now you want to compare a Native Texan who's No Doubt a US of A Citizen,...........<br />(And,.. If he Isn't a Citizen,.. It's a Good Time to Depot him)<br /><br />Who Might drive drunk,.........<br /><br />To an Enemy Combatant who's Declared War on Everybody in the World who doesn't believe in His God,....??????............<br /><br />I Think You've been Smoking Tooooooo Much of that Tree,........... Instead of Hugging It.................

 

[treedancer]

Re: Should Scalia step aside?

 

[Bondo]

Re: Should Scalia step aside?

Ayuh,..............<br /><br />That's what I thought..............

 

[Boomyal]

Re: Should Scalia step aside?

Originally posted by Bondo:<br /> Ayuh,..............<br /><br />That's what I thought..............

That's pretty safe Bondo! <br /><br />edit: sorry Bondo, I read it with the wrong inflection.

 

[Haut Medoc]

Re: Should Scalia step aside?

Depot him? Would that be The Home Depot? .....JK

 

[treedancer]

Re: Should Scalia step aside?

I started this poll over a week ago so I guess that everyone has posted and had their chance to vote. Looks like its 59 in favor of Justice Skalia hearing the case to 41 in favor of him stepping aside.<br /> Would like to address a few points bondo brought up. <br />

Bondo Said <br />I Failed to even See Any Issue here,...........At All...........

Point 1.The issue is should a Supreme court Justice have preconceived opinions about a case that could come before him.<br /> Give it a little thought we are not only talking about this case but about cases in the future that could possibly apply to something that could effect some of our given rights.<br /> In the speech, first reported by Newsweek, Scalia repeated his views from 2004 that enemy combatants held at Guantanamo Bay, Cuba, should not have access to U.S. courts and traditional legal rights despite the fact that Two years ago, the Supreme Court ruled that the detainees could use U.S. courts to challenge their detention.<br /> I ask you does this sound like a judge that any one would judge their case? Doesn’t sound like fair and balanced to me.<br /> In fact sounds like he thinks that he should be the soul judge on the court.<br /> <br /> Point 2

No Questions........A Fact is a Fact,..........

More facts five retired generals sent a letter to the court with the request that Scalia withdraw from participating in the case. They say Scalia appears to have prejudged the case. What do you think Bondo think maybe they might know something you and I don’t?<br /> More facts. § 455. Disqualification of justice, judge, or magistrate judge Release date: 2005-09-29 (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; That FACT COMES FROM Cornell law school Bondo.<br /> point three

Point 3. Talk about Poorly Worded,+ Composed

Should Scalia step aside?<br /> YES<br /> NO <br />Poorly worded?<br />Poorly composed?<br /> Hey it’s a yes or no poll. I’ve been accused of being capable of screwing up a one-car funeral <br /> But I believe that this would be a first even for me. Please screwing up a five-word yes or no poll? I guess that I should have used the word recuse instead of step aside. What do you think Bondo think that would have clarified it any better? Also how can discussing the setting of a Supreme Court justice be considered a troll? I guess it’s all in the eye of the beholder.<br />

Now we get to point 4.<br /> This is the part that Bongo calls me a tree hugger must have been a typo, surely not intentional.<br /><br />

Now you want to compare a Native Texan who's No Doubt a US of A Citizen,...........<br />(And,.. If he Isn't a Citizen,.. It's a Good Time to Depot him)<br /><br />Who Might drive drunk,.........<br /><br />To an Enemy Combatant who's Declared War on Everybody in the World who doesn't believe in His God,....??????............<br /> <br /> No bongo don’t give a damn about Osamas, ex driver given the opportunity would most likely off him myself.<br /> What worry’s me is to have a chief Justice of the Supreme court of the united states have preconceived notions of cases coming before he has even heard the presentations.<br /> What happens to this radical, Is incidental to this case, most likely he will be put in jail for the rest of his life.<br /> Now lets get to the native Texan that is being peeped at thru a window by the law, and it is determined that he is drunk, so he gets a DWI was his rights violated? Of course they were. Your right he should be given justice the best that this country can give him, the justice that people are fighting for In Iraq, that my dad fought for what I spent fighting for in the Marine Corps. That does not include the right to a judge with a preconceived notion of what the sentence should be before he even hears my case. <br /> Now said Native Texan goes to court and by the luck of the draw gets a Judge that had his wife, daughter, and pet poodle killed buy a drunk driver, even in Texas that judge would have to recuse himself.<br /><br /> This post was not started to be a partisan troll, some people have these preconceived notions that anybody that makes a post that does not slide into there little square box of a mind thinks well must be a liberal. <br />On the other side if it doesn’t slide into there round box well must be a conservative. If I ever get that restricted in my thinking I hope someone takes me out and shoots me.<br /> Ill leave everyone with this scary image, instead of the statue of blind justice holding the scales, picture Justice Scalia in your mind standing there holding the scales of justice with one hand and with the other hand holding the veil up so he could have a peek with one eye before he hands out his version of justice.<br /><br /><br /> <br /><br /> <br /> <br /> <br />.