03 March 2009

SCOTUS Hears Blankenship-Benjamin Case (Updated)

Following " lively arguments," The Associated Press reports that the U.S. Supreme Court "appears to be willing to say that elected judges must step aside from cases in which there would be at least an appearance of bias if they took part."

"The court's four liberal justices and the conservative-leaning Anthony Kennedy all expressed support for a ruling that the Constitution's guarantee of a fair trial could require judges not to participate in a case in which there was a likelihood of bias," the article said.

AP earlier previewed the appeal that emerged from West Virginia as did several national media outlets, underscoring widespread interest in the case.

"Blankenship spent at least $3 million to help Republican Brent Benjamin, a little-known lawyer from Charleston, defeat the incumbent Democrat," AP explained. "Benjamin later helped form the 3-2 majority that overturned a judgment, now valued at $82.7 million with interest, against Blankenship's Richmond, Va.-based Massey Energy Co."

Before Tuesday's hearing, the U.S. justices were greeted with editorials in The Washington Post, The New York Times and USA Today opining on the case.

The court offers a docket for the case, while The Brennan Center for Justice, The American Bar Association, and SCOTUS-Wiki have all posted the key filings online.

Update: The Charleston Gazette reports on the vote tally compiled by the Supreme Court's press office in defense of Benjamin, finding that "in cases decided by a single vote by the five-justice court, Benjamin sided with Massey most of the time."

The Gazette also expounds on the list, and cites Massey-related votes it does not include, on its new blog.

Update II: A transcript of Tuesday's arguments have been posted. Link provided via The Gazette.

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