Jan. 23, 2006 — At the historic swearing-in of John Roberts as the 17th chief justice of the United States last September, every member of the Supreme Court, except Antonin Scalia, was in attendance. ABC News has learned that Scalia had instead was on the tennis court at one of the country's top resorts, the Ritz-Carlton hotel in Bachelor Gulch, Colo., during a trip to a legal seminar sponsored by the Federalist Society.
Not only did Scalia's absence appear to be a snub of the new chief justice, but according to some legal ethics experts, it also raised questions about the propriety of what critics call judicial junkets. "It's unfortunate of course that what kept him from the swearing in was an activity that is itself of dubious ethical propriety," said Stephen Gillers, a New York University law professor, who is a recognized scholar on legal ethics.
ustice Scalia spent two nights at the luxury resort lecturing at the legal seminar where ABC News also found him on the tennis court, heading out for a fly-fishing expedition, and socializing with members of the Federalist Society, the conservative activist group that paid for the expenses of his trip.
At a press conference, almost two weeks later, Scalia was not inclined to tell reporters his whereabouts during Roberts' swearing in. "I was out of town with a commitment that I could not break, and that's what the Public Information Office told you," he said. "
doesn't matter what it was. It was a commitment that I couldn't break," Scalia continued when questioned further.
http://abcnews.go.com/Nightline/Investigation/story?id=1534260