John,
If Justice Breyer gave a speech to the American Constitution Society
about the chapter in his book, "Active LIberty," devoted to campaign
finance reform, and expenses for the speech were reimbursed from the
George-Soros'-backed Open Society Institute, do you believe that Justice
Breyer should have to recuse himself from deciding future campaign
finance cases? That seems to me to be a closer analogy.
Rick
On 1/22/2011 12:10 PM, John Shockley wrote:
Rick says:
Does anyone really think that Justice Scalia and Justice Thomas's attendance at a Koch brothers meeting to give a speech on an unrelated subject affected in any way either (1) the Justices' thinking about the merits of the campaign finance issue in Citizens United or (2) how Justices Kennedy, Alito and (Chief Justice) Roberts voted in that case?
Rick Hasen 01/21/11 10:16 AM>>>
Is that the issue? If I have a case before the Supreme Court (or if the case before the Supreme Court clearly affects basic behaviors I am engaging in), and certain justices have made it plain that they support my position, is it then O.K. for me to take them and their families on a round-the-world cruise because it is clear they already support me? Just for safety, I'll promise to discuss only "unrelated subjects" while they are on my cruise.
John Shockley