Group wants Scalia to recuse from Wal-Mart case

The Daily Record Newswire

An advocacy group supporting the workers in the class action job bias case Wal-Mart Stores v. Dukes wants Justice Antonin Scalia to sit out when the case is heard at the Supreme Court later this month.

Walmart Watch, a union-backed group that ''exists to challenge Walmart to more fully embrace its corporate responsibilities,'' according to its website, objects to Scalia's participation in the case because the justice's son, Eugene, is a partner at the firm Gibson Dunn, where he represented the company.

''Eugene Scalia's connections to the plaintiff and to one of the Justices hearing the case, his father, Justice Scalia, raise serious concerns over judicial impartiality and may raise the appearance of impropriety,'' the group stated on its website, linking to an online petition urging Scalia's recusal. ''The public's confidence in an impartial judiciary is of utmost importance.''

The group has failed to sway the attorney representing the workers, who are seeking class action status alleging the company systematically underpaid female employees. Joseph Sellers, who represents the women suing Wal-Mart, told Bloomberg News that he was not taking up the recusal cause.

Published: Thu, Mar 17, 2011