The recent duck-hunting foray shared by Supreme Court Justice Scalia and Vice-President Cheney sure represents the appearance of a conflict of interest for both parties in the eyes of this average citizen. Average citizens would have cancelled that hunting trip and eaten the cost of airline tickets to avoid so much as the appearance of a conflict of interest. But wait! Cheney and Scalia enjoyed the luxury of an official aircraft for their little jaunt, so there wasn’t even the messy business of dealing with pesky airline reimbursement policies.
While Scalia explained that social contacts between judges and powerful officials are not thought improper, when those officials have acted in an official rather than a personal capacity, anyone who has ever been forced to put aside bias in even small matters knows how very difficult it can prove to be. Congress definitely needs to tidy up the standard for recusal to preserve honour in the court.
As the White House struggles to keep the Vice-President’s energy policy task force records confidential, none of us will ever know what was said during that duck-hunting session. But, perhaps it went something like this:
Cheney: “You see that duck over there, flying South-by-Southwest?”
Scalia: “Sure do.”
Cheney: “Do you see that duck is flying with a lot of his feathers tucked and hidden under his wing?”
Scalia: “Sure do. Why do you suppose that is?”
Cheney: “Most ducks have to spread all their wings in flight and conserve energy too, but that duck has all the responsibility that goes with being a lead duck. That duck needs to hide and protect those feathers from the elements so he can continue to lead.”
Scalia: “So, that lead duck is at risk for being a lame duck?”
Cheney: “No, not at all, Your Honour. That duck is your duck”
Scalia: “It’s not sportsman-like to shoot a lead duck.”
Cheney: “I thought you might feel like that. Now, let’s get the hell out of here before some rancher asks us to drain this wetland so he can put in a crop.”
I once ate at Justice Scalia’s table. Mind you Justice Scalia was not there. He didn’t even own the table anymore. It was sold when he left Chicago and my host had bought it.
It was very unnerving to eat at such a table. Everything slanted to the right.