Supreme Court Justice Antonin Scalia refuses to recuse himself from Cheney’s appeal of a Sierra Club lawsuit to keep records of his 2001 Energy Task Force secret. Shortly after SCOTUS agreed to take up the case, Scalia flew with Cheney on Jan. 5, 2004 on Air Force Two to Louisiana for a duck hunting trip. Cheney stayed two days and Scalia four. June 24, 2004, SCOTUS decides 7-2 to send the case back to the district court for reconsideration of the government’s separation of powers argument. Scalia and Thomas going further concurred and dissented thinking that the appellate court should have been the one to deny the Sierra Club’s discovery request. May 1, 2005, the DC Court of Appeals dismisses the Sierra Club case holding that Cheney could keep the participation of oil companies in his Energy Task Force secret.