It does seem a bit odd. On the other hand, maybe this is a long-standing policy for justices that is only being blown out of proportion for this particular incident. Kind of like the privilege that was being invoked for Condaleezza Rice, which was treated as though only Bush had ever done this, although it had been a practice through several administrations, and had even been invoked in the past by Robert Clarke.

I don't know, I haven't researched it.

I do know that it has been a well-known fact in the media for some time that Scalia will not speak at occassions unless it is guaranteed that no cameras or recorders are used.