Fair And Just Justice? Maybe Not So Much

This from AfterDowningStreet.org. I posted earlier about a case coming before the SCOTUS concerning Osama bin Laden's former driver. My question is, will Justice Antonin Scalia recuse himself now that the following has come out?

"War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," he says on a tape of the talk reviewed by NEWSWEEK. "Give me a break."

My earlier post linked to a story that said Chief Justice John G. Roberts, Jr should recuse himself because he has already heard this case in a lower court.

Wow! Instant 7 member SCOTUS? Just asking.