Their planned testimony does not appear to violate judicial canons, but it brushes up against them.
Former Florida lawyer Jack Thompson (who is permanently disbarred as of September 25, 2008) had filed a formal complaint against Seidlin for "violating almost every judicial canon".
Today, the appeals judges responded in kind, accusing Judge Jackson of blatantly violating a judicial canon that restricts judges from commenting about pending cases.
First he engages in negative personal attacks," said the spokeswoman, Sarah Gaffney Mahoney, "and now he is attempting to politicize the judiciary and the criminal justice process in direct contravention of the judicial canon of ethics.
Scalia's apparent inconsistency is perhaps explained by his choice to sometimes adhere to the more venerable judicial canons of interpretation, such as the constitutional avoidance canon.
His supporters have asserted that Ms. Gold has contributed money to political campaigns, a violation of the judicial canon.
The court found that his behavior in denigrating Microsoft and its chairman, Bill Gates, to news organizations including The New York Times in secret, embargoed interviews had "seriously tarnished the proceedings" and violated judicial canons.
To treat Chevron's rule purely as a judicial canon is less likely to do so.
He asked the court to rescind the punishment and to declare that the judicial canon unduly restricted judges' abilities to participate in public discussions of important matters.
The court also said that Judge Jackson had violated three judicial canons by discussing the case with reporters from several news organizations, including The New York Times, while he was considering the case.