Tuesday, September 13, 2005

Plaintiff, Defendant, and Official Capacity

They still can't get it right. Here is an AP story on Chief Justice nominee John Roberts that mentions the infamous duck hunting trip that included Justice Scalia and Vice President Cheney.

Roberts May Be Sidelined in Some Cases

By GINA HOLLAND, Associated Press Writer
Sat Sep 10,12:32 PM ET

* * * * Judges also are required by law to withdraw when their impartiality might reasonably be questioned. Last year, Justice Antonin Scalia refused to step aside in a case filed by Vice President Dick Cheney, a friend. Cheney and Scalia had taken ahunting vacation together shortly after the court agreed to considerwhether the Bush administration had to release information about privatemeetings of Cheney's energy task force.

Cheney filed this case? Of course, there is no mention of the fact that he was sued in his official capacity, not his individual capacity. They could just as easily have named a cabinet secretary or a government bureaucrat as defendant.


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