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The Volokh Conspiracy has an excellent series of posts on this subject, starting (or ending, I suppose) with this one.
I hadn't heard that Justice Scalia had recused himself, but considering his ill-advised commentary, it's probably for the best. It's not the content of the commentary that is a problem; he shouldn't have been commenting on the case at all, since it was always likely to be reviewed by the Supreme Court. It was a rare example of bad judgment on his part.Sphere It View blog reactions
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