Originally published June 9, 2009
On June 8, 2009, the U.S. Supreme Court issued its opinion in
Caperton v. A.T. Massey Coal Co., No. 08-22 (2009).
The long-awaited decision results from the refusal of West Virginia
Supreme Court of Appeals Justice Brent Benjamin to recuse himself
in a high-profile case. The case stems from the appeal of a $50
million fraud verdict against Massey Coal, which Justice Benjamin
voted to reverse. While Massey was preparing the appeal, its CEO,
Don Blankenship, spent $3 million supporting Justice Benjamin's
2004 campaign for a seat on the court. Although Caperton
has been billed as a case about judicial campaign contributions,
Blankenship contributed only $1,000 directly to Justice
Benjamin's campaign. The rest of Blankenship's support came
in the form of so-called "independent expenditures."
(Roberts, C.J., dissenting, Slip Op. at 13.) After winning the
election and taking his seat on the court, Justice Benjamin cast
the deciding vote
