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Old 03-18-2004, 12:53 PM   #11
notcasesensitive
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Join Date: Mar 2003
Location: Out with Lumbergh.
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Scalia won't recuse himself

http://www.msnbc.msn.com/id/4554682/

While I don't necessarily disagree overall with his position that recusal is not necessary, I find the part of his reasoning that if he recuses himself it could result in a tie odd. I mean, should that play into the analysis at all? Is it somehow better to have an interested judge on a panel to end a tie in favor of his friend than it would be to have the court unable to reach a decision due to a tie?
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