Private: Scalia Hears Hamdan

Today, the Supreme Court heard oral arguments in one of the most anticipated cases of this term, Hamdan v. Rumsfeld which questions the legality of the military commissions established by President Bush to try those charged with war crimes stemming from the "war or terror." The case also addresses whether Hamdan and others currently held at Camp Delta in Guantanamo Bay can avail themselves of Federal Courts to enforce provisions of the Geneva Convention.
Yet in recent days, the drama of the case itself has been eclipsed by ethical questions surrounding the Court's adjudication of the matter. Chief Justice John Roberts has recused himself from the case as he had already heard the case when a judge on the Court of Appeals for the DC Circuit. On Monday, a group of retired admirals and generals asked Justice Antonin Scalia to recuse himself due to recent comments that question the ability of Justice Scalia to decide the case in an impartial manner. Earlier this month while speaking in Switzerland, Justice Scalia mocked the idea that those captured on the battlefield should have access to a trial in American civil courts. The Justice went as far as to say, "I am not about to give this man who was captured in a war a full jury trial. I mean it's crazy." This request for Justice Scalia to recuse himself in the Hamdan case followed similar requests by the Center for Constitutional Rights and Rep. John Conyers (D-MI).
Yet despite these calls for recusal, those present at today's oral arguments report that Justice Scalia stayed on the bench during the arguments and appeared to be the Justice most amenable to the government's position.
(Hat Tip: How Appealing)