RECUSE THYSELF

Up until to now, we have chosen not to weigh in on the demands for Justice Scalia's recusal in Cheney v. U.S. District Court. Those demands are so frivolous, and the media-manufactured "controversy" so transparently political, that we saw nothing to add to the Justice's own typically irrefutable arguments. Kudos, therefore, to William Safire for being the first commentator to offer an intelligent criticism (second item) of Justice Scalia's opinion.

ELECTION 2004

While the three or four vacancies expected during the 2001-2005 presidential term have not yet materialized, it is hard to imagine that all nine justices will remain on the bench through January 2009. Accordingly, the 2004 presidential election is likely to have a direct bearing on the Court's composition and therefore, in this government as much of men as of laws, on the state of American law. For that reason, we have decided to expand our charter and focus the Circuit's typically trenchant analysis on electoral politics as well as judicial decisions. Stay tuned.