Two recent revelations show that Supreme Court Justice Anthony Kennedy was right when he wrote in Caperton v. Massey about runaway spending in a state judicial election and getting access to, and ingratiation from, elected officials, election law scholar Rick Hasen writes at National Law Journal:
- Then CEO Don Blankenship of Massey Energy, the big spender in the Caperton case, is on trial on charges in a coal mine explosion. At trial, a recording was played in which he rued that a picture of him and a state Supreme Court justice was “all over WSAZ,” a TV station. Anyway, Blankenship said, “I won…saved Massey $70 million.” Photos of Blankenship and that justice vacationing in France were published; Blankenship’s spending was in support of a candidate for the high court, who once elected, declined to recuse in civil litigation involving Massey and then cast a deciding vote in favor of striking down a $50 million award against the company.
- The latter justice, Brent Benjamin, recently told a group at the University of Virginia, “I was tone deaf in not recusing myself in Caperton.”