On the eve of landmark arguments in a case asserting the legal rights of detainees at Guantanamo Bay, Cuba, Supreme Court Justice Antonin Scalia was asked Monday to step aside from the case because of remarks he made earlier this month on the issue.

Authors of a major amicus curiae brief on the side of Guantanamo detainee Salim Hamdan said Scalia’s remarks during a speech in Switzerland “give rise to the appearance that, even before briefing in this case was complete, the justice had made up his mind about the merits.”

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