Justice Stevens: "Recuse Thyself"

[GWB]

Scalia recused himself from the Pledge of Allegiance case because he had talked about his views on the Pledge.

Now Justice Stevens has talked about his views on the Death Penalty. (http://story.news.yahoo.com/news?tmpl=story&cid=558&ncid=703&e=10&u=/ap/20040512/ap_on_go_su_co/death_penalty_stevens) Surely, he must recuse himself from future death penalty cases.

[J.R.]

Scalia stepped down because he violated the code of conduct for federal judges which bars comment on the merits of pending or impending actions by specifically denouncing the 9th Circuit Court of Appeals' decision in the pledge of allegiance case. Stevens adressed a general issue regarding the constitutionality of the death penalty without reference to the merits of any pending action. These two distinct situations are not analagous.