Cheney v. U.S. Dist. Court for D.C

In Cheney v. U.S. Dist. Court for D.C., 541 U.S. 913 (2004), a party moved for the recusal of Justice Scalia, who had gone duck hunting with Vice President Cheney, flying in the Vice President's plane, while a case in which Cheney was a party in his official capacity was pending before the U.S. Supreme Court. Pursuant to 28 U.S.C. 455(a), Justice Scalia was obligated to recuse himself if his "impartiality might reasonably be questioned." Justice Scalia acknowledged that under certain circumstances, friendship could be enough for a disqualification, "While friendship is a ground for recusal of a Justice where the personal fortune or the personal freedom of the friend is at issue, it has traditionally not been a ground for recusal where official action is at issue, no matter how important the official action was to the ambitions or the reputation of the Government officer." Id. at 916. Thus, finding that such official action was involved in the pending Cheney matter, Justice Scalia determined recusal was not warranted. Id. at 926.