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June 8, 2009
Breaking News
The United States Supreme Court has held (by a 5-4 vote) that disqualification was required in the case involving the West Virginia Supreme Court of Appeals. The case involves the election of a justice to the court who thereafter refused to recuse himself from a matter involving the main contributor to his campaign. We will post some thoughts after reviewing the court's decision in Caperton v. Massey. (Mike Frisch)
June 8, 2009 in Judicial Ethics and the Courts | Permalink
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Comments
This is a very significant opinion.
There has been a lack of clarity in the recent cases as to whether the appearance of bias could amount to a denial of due process. Not any more. For the first time ever, the Court has made clear that the appearance of bias can raise to a constitutional level and not just an actual bias.
I found Chief Justice Roberts’ dissent very persuasive. But where he felt that the plethora of newly opened questions would create uncertainty, I did not see the same problem. All will, no doubt, be clarified over time – which is probably what is really bothering the Chief Justice. I definitely agree that this opens a door.
Stephen
Posted by: FixedWing | Jun 8, 2009 1:12:17 PM
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