Apparently, Rehnquist reponded that "suggestions that Scalia should have recused from the Cheney case have 'no precedent.'"

"A Justice must examine the question of recusal on his own even without a motion, and any party to a case may file a motion to recuse," Rehnquist wrote. "And anyone at all is free to criticize the action of a Justice -- as to recusal or as to the merits -- after the case has been decided. But I think that any suggestion by you . . . as to why a Justice should recuse himself in a pending case is ill considered."