Benjamin non-recusal case scheduled in US Supreme Court

[Staph]

For those of you unaware of the situation:

Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refused to recuse himself from the appeal of the $50 million jury verdict in this case, even though Don Blankenship, the CEO of the lead defendant, spent $3 million supporting his campaign for a seat on the court--more than 60% of the total amount spent to support Justice Benjamin's campaign--while preparing to appeal the verdict against his company. After winning election to the court, Justice Benjamin cast the deciding vote in the court's 3-2 decision overturning that verdict. The question presented is whether Justice Benjamin's failure to recuse himself from participation in his principal financial supporter's case violated the Due Process Clause of the fourteenth Amendment.

The case is now scheduled for oral arguments on March 3, 2009. There are a pot full of amicus briefs in support of the petition (including one signed by 27 former supreme court justices and chief justices from 19 different states) and not one on the Brent Benjamin/Don Blankenship side.

The 2008 John Grisham novel The Appeal is thought to be based on Don Blankenship's purchase of Benjamin's supreme court seat.

Details:
http://www.scotuswiki.com/index.php?title=Caperton_v._A.T._Massey_Coal_Company%2C_Inc.%2C_et_al.

[Hubert Flottz]

1. WV # 1 in crooked government...

Always number one on the bad stuff. No wonder the cities in this state are turning into ghost towns.

[WV_Biker]

2. I was talking with...

...a lady the other day and she said that when she left Charleston there were 80,000 people, when she returned there were 50,000. I don't recall the time frame of when she left and returned. A friend of mine and I are always saying; "Didn't there used to be more stuff to do around here?" No wonder everybody I know is nuts...the sane ones left. ;-)


Jeff

[Staph]

3. Benjamin temporarily bows out of Massey cases

Yeah! According to the Charleston Gazette, Massey has "temporarily" disqualified himself from the appeals of the Massey cases.

Benjamin says he's stepping aside because the U.S. Supreme Court is reviewing a case in which he voted with the majority to overturn a jury verdict against Richmond, Va.-based Massey. Benjamin says in a memo dated Saturday that it would be personally and judicially disrespectful to participate in cases involving Massey until the high court finishes its review.

http://www.wvgazette.com/News/200902020383