Questions are now being raised as to whether Supreme Court Justice Antonin Scalia should recuse himself from an upcoming case about the U.S. military prison at Guantanano Bay. Newsweek is reporting Scalia recently gave a speech in Switzerland, where he dismissed the idea that the detainees have rights under the U.S. Constitution or international conventions. During the speech Scalia said he was “astounded” at the “hypocritical” reaction in Europe to Guantanamo. Scalia said “War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts.” On Tuesday the Supreme Court is scheduled to hear arguments in a case that will decide whether the Bush administration can try Guantanamo detainees in special military tribunals. Two years ago Scalia recused himself from a case about the Pledge of Allegiance after he made public comments about the issue.