Justice Scalia’s Speech to Closed-Door Tea Party Caucus Session Is Inappropriate Political Activity

Appearance could provide grounds for recusal in upcoming cases; disqualification statute needs an upgrade


WASHINGTON - January 24 - Common Cause today criticized Justice Antonin Scalia's decision to address a closed-door session of the House Tea Party caucus as political activity that undermines public confidence in the U.S. Supreme Court.

"The American people expect impartial justice from the Supreme Court," said Bob Edgar, President and CEO of Common Cause, a non-partisan watchdog group. "The last thing we need in these divisive times is Supreme Court justices appearing to be allied with a political faction."

"Justice Scalia's acceptance of Rep. Bachmann's invitation shows poor judgment and could lay the ground for his recusal in future cases, such as court challenges to President Obama's health care reform law," Edgar said.

The Judicial Code of Conduct bars federal judges from engaging in political activity, including "mak[ing] speeches for a political organization" or attend[ing]...a dinner or other event sponsored by a political organization." See Canon 5, Code of Conduct for U.S. Judges.

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