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Scalia's Other Hunting Trip

Supreme Court Justice Antonin Scalia has taken a lot of heat for going on a duck-hunting trip as the guest of Vice President Dick Cheney, flying on Air Force Two, after the Supreme Court agreed to hear VP Cheney's appeal in which he is trying to keep details of his national energy policy task force a secret.

Now The Los Angeles Times reports that Scalia has another questionable hunting trip in his past:

Supreme Court Justice Antonin Scalia was the guest of a Kansas law school two years ago and went pheasant hunting on a trip arranged by the school's dean, all within weeks of hearing two cases in which the dean was a lead attorney. The cases involved issues of public policy important to Kansas officials. Accompanying Scalia on the November 2001 hunting trip were the Kansas governor and the recently retired state Senate president, who flew with Scalia to the hunting camp aboard a state plane.

Two weeks before the trip, University of Kansas School of Law Dean Stephen R. McAllister, along with the state's attorney general, had appeared before the Supreme Court to defend a Kansas law to confine sex offenders after they complete their prison terms. Two weeks after the trip, the dean was before the high court to lead the state's defense of a Kansas prison program for treating sex criminals.

Scalia later sided with Kansas in both cases.

Federal law says that "any justice or judge shall disqualify himself in any proceeding in which his impartiality might be questioned." By tradition and court policy, justices are free to determine for themselves what constitutes a conflict.

Monroe Freedman, who teaches legal ethics at Hofstra University: "A reasonable person might question this, and that's the problem." He said Scalia "should have rescheduled the trip until after" the cases were over.

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