Hamdan v. Rumsfeld—Postscript

In spite of the rather clearly biased statements he made in an address in Switzerland earlier this month, Justice Antonin Scalia did not bow to demands that he recuse himself from considering arguments in Hamdan v. Rumsfeld today.^[1] In fact, Scalia and new Bush appointee Samuel Alito were reported to be the only two panelists clearly supporting the government’s position on military tribunals during the debate.^[2]

We discussed some of the procedural aspects of recusal in the Supreme Court earlier today. A decision in this case should be announced in 2-3 months.

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[1] David G. Savage, Judges Look Askance at War Tribunal Order, Los Angeles Times, Mar. 28, 2006.
[2] Id.