Recusal as Censorship?
The Supreme Court’s decision on Monday in Caperton v. A.T. Massey Coal Company is interesting for what it may portend and for the methodological dispute between the majority and the dissent.
You know (or I’ll tell you) the basic facts. Massey has an important case before the West Virginia Supreme Court – an appeal of a $ 50 million verdict against it and in favor of Caperton and others. Massey’s CEO makes independent expenditures in the amount of $3 million in support of candidate Brent Benjamin. Benjamin wins and so does Massey – by a 3-2 vote with now Justice Benjamin in the majority.
The Supreme Court held, in a 5-4 decision, that Benjamin’s failure to recuse himself violated Caperton’s due process rights. So what’s the problem?