[untrained skeptic]

He had to. It was his decision they were ruling on.

In my opinion that makes him informed about the case rather than biased. I don't think he should have to recuse himself. He should recuse himself if there is something that might lead him to not rule according to the law and the Constitution. Having formed a legal opinion based on the facts presented in the case is not something that should interfere with his duty.

[xsmommy]

any member of an appellate tribunal is required to recuse him/herself from consideration of an opinion rendered by him/her below.

[Bassfan]

The Pubs and the Pres. have got to make an issue out of this.

All the liberals on the court - "make things easier for the terrorists"

All the conservatives on the court - "These people want to kill us"