The Supreme Court will allow Justice Antonin Scalia to decide whether to excuse himself from a case in which he may have a conflict of interest, reports the Washington Post.
Scalia is a hunting buddy of Vice President Dick Cheney. Cheney is named as a plaintiff in a case filed by the Sierra Club, which is seeking access to internal documents related to the energy policy task force that Cheney once headed.
The Sierra Club filed papers last week arguing that Scalia’s January hunting trip with Cheney raised questions about the justice’s impartiality in the case, and that he was therefore required by federal law to recuse.
In a one-sentence reply, the Supreme Court said Monday, “In accordance with its historic practice the court refers the motion to recuse in this case to Justice Scalia.”
Scalia has already said that he sees no appearance of impropriety, so a recusal seems unlikely.