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The cartoon that I found depicts the views of the political parties as to whether Judge Scalia should recuse himself from the hearings on Cheneys Energy Task Force closed door meetings (Toles, 2004). The Democrats view Judge Scalia and Vice President Cheneys duck hunting trip as giving the impression that the hearing is fixed to what the outcome of the Energy Task Force hearings, whereas the Republicans say that only a Democrat would feel that way, while the Republicans know that the fix is in. It gives that impression that Judge Scalia is working with the Vice President in fixing the hearing to benefit the V.P. This is considered the wrong route for the Judge to take, especially when the Chief Justice sent a peremptory letter responding to senators inquiries concerning the subject that the chief justice is not taking it very seriously as well.
It is true that the judge and vice president are close friends, and old friends can get together and go hunting, but when one old friend is a defendant in a case that is considered a hot-button case being heard by the Supreme Court; a suit that is seeking any disclosure of information which concerned the V.P.s energy task force. The judge decided to vacation with the vice president as guests of an executive of the energy industry, which a lapse of judgment. This lapse of judgment is the main reason that Judge Scalia should recuse himself from having any further involvement with the case.
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Judge Scalia was quoted by the Los Angeles Times that he did not “think my impartiality could reasonably be questioned”, which initially reported on the potential conflict. The judge further explained that any social contact with high level executive branch officials which also include cabinet officers has never been thought of as improper behavior for judges who have before them cases involving people in their official capacity but not their personal capacity. This may be correct to a point. There have been cabinet officers that have often been named defendants in suits that challenge the actions of their agencies, even if their personal behavior is not an issue. There has never been an argument that whenever executive branch officials become formal defendants that the judges hearing the cases must stop all social contact with those persons.
Since this is not the classic case against a high official that is the usual defendant in a suit, but in all practical sense, this is a suit against the government itself. It seeks rather the information that the plaintiffs believe may prove embarrassing to the vice president by showing that there is undue influence on the part of the energy interests in the formulation of the administration policy. Because the secrecy of the energy task force is so much