US Supreme Court Hears Caperton v. Massey
Save Email Print
Bookmark and Share
Updated: 7:57 PM Mar 3, 2009
US Supreme Court Hears Caperton v. Massey
One Supreme Court Justice notes a case involving a West Virginia judge could have far-reaching implications for judges across the country.
Posted: 12:07 PM Mar 3, 2009
Reporter: WSAZ News Staff
Email Address: news@wsaz.com
width:200 and height: 150 and picwidth: 200 and pciheight: 150
Font Size:

WASHINGTON, D.C. (WSAZ) -- United States Supreme Court Justice Anthony Kennedy noted Tuesday that the Supreme Court's decision in Caperton v. Massey could have far-reaching implications in the way judges are elected and serve across the country.

Tuesday morning, lawyers for Harman Mining and Massey Energy made their cases to the US Supreme Court. Harman claims that West Virginia Supreme Court Justice Brent Benjamin could not have been impartial in hearing cases involving Massey since Massey CEO Don Blankenship spent millions of dollars on a negative campaign against Benjamin's political opponent.

In 2004, Benjamin beat Warren McGraw for a seat on the West Virginia Supreme Court. Many credited Blankenship's negative ads against McGraw for putting Benjamin in office.

Benjamin joined the majority of the WV Supreme Court in ruling in favor of Massey over Harman Mining in a multi-million dollar case.

The lawyer for Massey, Andrew Frey, asked the justices to put themselves in Benjamin's position and ask themselves if they could be impartial hearing a case without owing someone a favor. However, Harman's lawyer, Ted Olson, argued that is not how a justice feels. Instead, Olson said it is about how the defandant feels and that there must be a constitutional standard to make sure there is no appearance of bias in a case.

During questioning from the justices, Chief Justice John Roberts said "probability is a loose term. What percentage is probable?"

Officials with the Public Information Office at the Supreme Court note that there has been significant interest from the public in this case. The Supreme Court will issue a written opinion later.

Monday, the West Virginia Supreme Court released a study showing that Benjamin has voted against Massey's interest more than 81% of his time on the bench.

[ Copyright 2010 – WSAZ.com. All Rights Reserved. ]
This material may not be published, broadcast, rewritten or redistributed.
Severe Weather and Breaking News Coverage

To send a news tip or submit a story idea, e-mail news@wsaz.com


Latest Comments

Posted by: Rich on Mar 4, 2009 at 01:22 AM

FOR THE SAKE OF THE KIDS.What a joke.Thanks Don and Brent
Posted by: Hey Joe on Mar 3, 2009 at 10:47 PM

It was back-dated to 1998, but given out last year.
Posted by: Joe on Mar 3, 2009 at 01:20 PM

Melinda, how so? The degree was issued in 1998 (Manchin was not in office). Also, hundreds of other degrees were falsely issued during that time in the MBA program as well. Sounds more like ineptitude in that particular degree program to me.
Live Feed Now on the Always On Channel
Click here to send us your pictures and video pix@wsaz.com
WSAZ.com Sponsor Sections & Links
SOMC-Very good things are happening here SOMC
Very good things are happening here. Click here to learn more
Click here for closing and delays
Click here for school closings and delays
West Virginia Lottery nightly @ 6:59pm on WSAZ click here for numbers and drawings
Watch the Lottery Live Monday - Saturday @ 6:59pm on WSAZ NewsChannel 3. Need to check your numbers? Click here.
Ohio Lottery
Watch the Ohio Lottery Drawings weeknights @ 7:29pm and Cash Explosion Saturday @ 7:30pm on WSAZ NewsChannel 3.
WSAZ Children's Charitable Foundation
Click here to donate and help WSAZ help children at risk in our region. Thank you.
Making Moms LIfe Easier - with Diane Dimoff
Click here to see how our partners are making Moms and women's lives easier.