02 March 2009

U.S. Justices Prepare to Hear Blankenship-Benjamin Case

The Associated Press sets the stage for Tuesday's (corrected) U.S. Supreme Court hearing of an appeal that hinges on Massey Energy CEO Don Blankenship's multimillion-dollar role in West Virginia's 2004 state Supreme Court election.

"Blankenship spent at least $3 million to help Republican Brent Benjamin, a little-known lawyer from Charleston, defeat the incumbent Democrat," AP explains. "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."

But while "legal ethics experts have faulted Benjamin for failing to remove himself from the case," the article continues, "some also question whether the U.S. justices can craft a ruling that makes clear when campaign support requires a judge to step aside."

Benjamin responded to elements of the pending argument last year, in a 57-page opinion concurring with the reversal of the verdict won by Harman Mining and its president, Hugh Caperton.

AP also notes the numerous "friend of the court" briefs filed in the case, mostly in support of Harman and Caperton, with "an eclectic array of groups — from Wal-Mart to government watchdog Common Cause and dozens of former jurists — all decrying the specter of bias conjured by Blankenship's spending."

The case is considered one of the more remarkable of the term, and has attracted an array of preview coverage from the likes of:

The U.S. Supreme Court's official docket for the case is here. Resource pages for the case, with links to many of the filings, are hosted by:
Update: Public Broadcasting also has a report, with audio. The Charleston Daily Mail, meanwhile focuses on Benjamin's Massey-related voting record (citing information that AP requested last week, but was told was unavailable or did not exist.)

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