Can you buy a judge? In the abstract no, but how can you clarify what it takes to buy a judge's vote clearly enough to know when it happened? The court heard arguments in Caperton v. A.T. Massey Wednesday. Here's background from Slate:
In 2002, a West Virginia jury determined that the A.T. Massey Coal Co. had fraudulently forced competitor Hugh Caperton into bankruptcy. Massey's CEO, Don Blankenship, promptly appealed, having warned Caperton: "We spend a million dollars a month on lawyers, and we'll tie you up for years." West Virginia has only one appellate court—its Supreme Court. Concerned about his odds on appeal, Blankenship spent $3 million of his own money to take out sitting Justice Warren McGraw by backing his opponent in a 2004 judicial election.
Blankenship's $3 million represented 60 percent of the total funding of a 527 group called (what else?) "And for the Sake of the Kids." The group ran creepy election ads accusing McGraw of (what else?) setting a pedophile loose in the schools. McGraw lost his seat on the state high court to an unknown lawyer called Brent Benjamin. And in a Disney-like rotation of the circle of life, the newly elected Chief Justice Benjamin then voted 3-2 to reverse the verdict against Massey. Asked to recuse himself from hearing the case, Benjamin refused. Twice.
