“The problem with determining whether recusal is in order is that, by history and tradition, the justices decide for themselves whether to step down from a case, and, if so, whether they will offer an explanation as to why. Like other members of the Supreme Court, Scalia served as his own judge and jury on the question of recusal. And with each new controversy he pushed the line of acceptability for him a little further. Every time he survived a con-troversy, he seemed to interpret that event as granting him permission to do it again-eventually moving him far beyond the point where many thought he had crossed ethical lines.
Having survived”