Justice Scalia told reporters in advance of a case on affirmative action that Americans were ready for a Supreme Court decision saying it’s unconstitutional? That American attitudes about race had changed to the point that affirmative action no longer made sense? I think in that case that the proper course would be to question his impartiality and ask him to recuse himself from the case. He hasn’t done that, of course. But one of his colleagues has done something analogous.