VP Dick Cheney went duck hunting last week with Supreme Court Justice Anton Scalia--just weeks after the Supreme Court agreed to consider a case involving Cheney's records. Shouldn't Scalia recuse himself from the case? He doesn't think so.

While Scalia and Cheney are avid hunters and longtime friends, several experts in legal ethics questioned the timing of their trip and said it raised doubts about Scalia's ability to judge the case impartially.....But Scalia rejected that concern Friday, saying, "I do not think my impartiality could reasonably be questioned."

Federal law says "any justice or judge shall disqualify himself in any proceeding in which his impartiality might be questioned." For nearly three years, Cheney has been fighting demands that he reveal whether he met with energy industry officials, including Kenneth L. Lay when he was chairman of Enron, while he was formulating the president's energy policy.

Scalia responded in writing to a Los Angeles Times inquiry:

Scalia said: "Cheney was indeed among the party of about nine who hunted from the camp. Social contacts with high-level executive officials (including cabinet officers) have never been thought improper for judges who may have before them cases in which those people are involved in their official capacity, as opposed to their personal capacity. For example, Supreme Court Justices are regularly invited to dine at the White House, whether or not a suit seeking to compel or prevent certain presidential action is pending."

Ethics Law Prof Stephen Gillers says Scalia should have missed this year's hunt:

"A judge may have a friendship with a lawyer, and that's fine. But if the lawyer has a case before the judge, they don't socialize until it's over. That shows a proper respect for maintaining the public's confidence in the integrity of the process," said Gillers, who is an expert on legal ethics. "I think Justice Scalia should have been cognizant of that and avoided contact with the vice president until this was over. And this is not like a dinner with 25 or 30 people. This is a hunting trip where you are together for a few days."