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Georgetown Journal of Legal Ethics

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A dramatic and controversial case of judicial disqualification is Justice Antonin Scalia's denial of a motion that he recuse himself in Cheney v. U.S. District Court for the District of Columbia. The case relates to the National Energy Policy Development Group ("Energy Group"), created by President Bush to establish a national energy policy, and chaired by Vice President Richard B. Cheney.

The Sierra Club and others allege that unidentified industry representatives participated as de facto members of the Energy Group, and the plaintiffs seek to compel disclosure of the identities of the industry members. Cheney, however, has denied that anyone other than government employees participated in the group as members or as de facto members. As stated by the Justice Department, representing Cheney, the first issue before the Supreme Court relates to the allegation that the Energy Group had not truthfully reported who its members were.