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Breaking News! Supreme Court slaps down Massey's $$$-for-judges program

by: blonde moment

Mon Jun 08, 2009 at 10:48:06 AM EDT

From the Associated Press just 20 minutes ago:

The Supreme Court ruled Monday that elected judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias.
By a 5-4 vote in a case from West Virginia, the court said that a judge who remained involved in a lawsuit filed against the company of the most generous supporter of his election deprived the other side of the constitutional right to a fair trial.

Here's the AP link: http://www.google.com/hostedne...

And here's a WSJ blog entry on the case - I'm including it because if you go to the page, it also includes links to earlier entries on the case. (And, of course, because the WSJ is so biased toward business, it's fun to see them try to digest the news...): http://blogs.wsj.com/law/2009/...

blonde moment :: Breaking News! Supreme Court slaps down Massey's $$$-for-judges program

Tags: US Supreme Court, WV Supreme Court, Massey Coal, Don Blankenship, Brent Benjamin, (All Tags)

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Breaking News! Supreme Court slaps down Massey's $$$-for-judges program | 15 comments

5-4 too close for comfort (4.00 / 2)

I can't believe a case involving our WV supreme court and it's obvious corrupt practices was overturned by such a slim margin. I'm glad that Obama will put more "thinking judges" on the bench during his term(s). It seems to me to be an open and shut case and the margin should have been something like 7-2 but at least we won and that's encouraging.

by: JBdem4usa @ Mon Jun 08, 2009 at 15:00:47 PM UTC

by: you @ soon

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Problem is, the four are solid (0.00 / 0)

I mean, look at it - Roberts, Alito, Scalia, and Thomas. We're going to have to live with those four for a long time; getting Sotomayor on the Court in place of Souter won't do a damn thing to change the math.

But we still won, and Massey (i.e. Blankenship) still lost ...

by: blonde moment @ Mon Jun 08, 2009 at 15:23:52 PM UTC

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If... a BIG if... (0.00 / 0)

If President Obama is re-elected in 2012, I feel confident that Justice Thomas will retire.

by: WV26003 @ Mon Jun 08, 2009 at 15:51:29 PM UTC

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Why is that such a "BIG if"? You may be right; just (0.00 / 0)

curious why you think so.

by: benjaminwalter @ Tue Jun 09, 2009 at 01:29:18 AM UTC

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Anything can happen (0.00 / 0)

The American people are a fickle bunch. A lot can happen between now and 2012.

by: WV26003 @ Wed Jun 10, 2009 at 14:06:12 PM UTC

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Scalia never steps aside (4.00 / 2)

Even after all the duck hunting with Cheney he has never taken himself out of the arguments. Too high an opinion of himself. Then there is grumpy silent Clarence. Justice Thomas rules with a chip on his shoulder. And Roberts and Alito side with the big boys, not withstanding the lies they told at their hearings about umpires and empathy. Not a surprise at all.

NFTT: Support My Team or I Will Dance

by: CA Berkeley WV @ Mon Jun 08, 2009 at 15:27:25 PM UTC

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blonde (0.00 / 0)

Thanks for this. I was on the road this morning. I had been keeping up with Don's Great Court Adventures.

NFTT: Support My Team or I Will Dance

by: CA Berkeley WV @ Mon Jun 08, 2009 at 15:28:24 PM UTC

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From Justice Kennedy opionion (4.00 / 1)

Kennedy rejected arguments that the ruling would bring a train of adverse consequences.
"The facts now before us are extreme by any measure. The parties point to no other instance involving judicial campaign contributions that presents a potential for bias comparable to the circumstances in this case."

NFTT: Support My Team or I Will Dance

by: CA Berkeley WV @ Mon Jun 08, 2009 at 15:30:55 PM UTC

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me angry (4.00 / 2)

Chief Justice Roberts makes me angry.

I give the voters of West Virginia even more credit than he does.

Without Don Blankenship dumping millions of advertising dollars in our state to push his latest product--Brent Benjamin--we never would have ended up with Mr. Benjamin on the court.

by: Clem Guttata @ Mon Jun 08, 2009 at 22:15:32 PM UTC

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never (0.00 / 0)

is a strong word...but i will say we'd have never had benjamin on the court if mcgraw wouldnt have gone into the tantrum in racine...

by: stevewvu @ Tue Jun 09, 2009 at 17:26:48 PM UTC

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one goes with the other (0.00 / 0)

You are right... I normally shy away from words like never. I said that in a pique of anger. More precisely, it's extremely unlikely...

Maybe McGraw could have run a better campaign, but I still think McGraw would have survived "the tantrum in Racine" (or however you want to characterize his campaign mistakes) were it not for the massive amount of Blankenship money expended.

by: Clem Guttata @ Tue Jun 09, 2009 at 17:53:35 PM UTC

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i tend (0.00 / 0)

to agree with you

by: stevewvu @ Tue Jun 09, 2009 at 18:08:04 PM UTC

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Curious: what's the effect this ruling will have have here (0.00 / 0)

on West Virginia politics?

Analysis? Anyone?

by: benjaminwalter @ Tue Jun 09, 2009 at 02:05:04 AM UTC

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Public Financed SCJ in WV....job One! (4.00 / 2)

I think the bill to address this problem has already been introduced this year and almost passed except for our esteemed Governor and others were agin it. I think that now since we have had this decision today there is a chance that it might go somewhere in the future.

by: JBdem4usa @ Tue Jun 09, 2009 at 03:23:29 AM UTC

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Correcting legislation pending (4.00 / 2)

The two bills are SB 136 which talks about non-partisan election of supreme court justices and the other is HB 3309 which deals with the public financing aspect of the supreme court justice races, both died in the judiciary committees of each respective body. There is a good chance we will see these bills again some day...what do you think?

by: JBdem4usa @ Tue Jun 09, 2009 at 03:31:02 AM UTC

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Breaking News! Supreme Court slaps down Massey's $$$-for-judges program | 15 comments

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