Bush-v.-Gore-based chortling? Rereading that last post after a break, I'm thinking the part of the excerpted quote that Scalia antagonists will pick up on is the reference to momentous occasions when "the impartiality of even those at the highest levels of the judiciary might not be so clear." He's referring only to trials, of course, since he's talking about decisions whether to admit evidence, but I almost felt I could hear the Bush-v.-Gore-based chortling out there.