NEW YORK - March 27 - Today attorneys representing Guantánamo detainees at the Center for Constitutional Rights (CCR) called on Justice Antonin Scalia to recuse himself from the Supreme Court's consideration of a case on military tribunals for Guantánamo detainees, in response to reports that he has already announced his conclusions about the case.

This weekend Newsweek reported that in a March 8 lecture, Scalia specifically ruled out certain rights for Guantánamo detainees and opposed their standing in U.S. courts - two central issues in Hamdan v. Rumsfeld, which begins oral arguments before the Supreme Court tomorrow. Supreme Court Justices are not allowed to discuss the merits of pending cases in public, in order to preserve fair hearings the court's appearance of impartiality, and federal law requires judges to recuse themselves in proceedings where their "impartiality might reasonably be questioned" (Title 28, Section 455 of the U.S. Code). CCR, which is participating in tomorrow's oral arguments as a friend of the court, called for Justice Scalia's recusal and released the following statement from CCR Deputy Legal Director Barbara Olshansky:

"Everyone knows judges cannot publicly address the merits of pending cases, because it undermines the court's impartiality and ability to conduct fair hearings. If Newsweek's reports of Justice Scalia's comments are accurate, the comments were specifically about Guantánamo detainees and the pending case; there are not even any other cases before the court about the rights of such detainees. Given these facts, Justice Scalia should recuse himself from the case to protect the court's impartiality.

This incident is particularly disturbing because the stakes are so high. The Supreme Court is the last resort to ensure the President follows the law, an especially grave responsibility when the Executive Branch grabs excessive powers during war. Yet before we have even made our arguments in court, a Justice has publicly announced his conclusion and undermined the court's impartiality on this particular case.

After working for years on behalf of Guantánamo detainees, I never expected such disturbing comments from a Supreme Court Justice to surface days before the court hears this important case. I expect Justice Scalia to do the right thing and recuse himself."

CCR won the Supreme Court case establishing the detainees' right to challenge their detention in U.S. court (Rasul v. Bush), and currently oversees 450 pro-bono attorneys representing the detainees.

About CCR

The Center for Constitutional Rights (CCR) is a non-profit legal and educational organization dedicated to protecting and advancing the rights guaranteed by the U.S. Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights demonstrators in the South, CCR is committed to the creative use of law as a positive force for social change. www.ccr-ny.org

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