(June 6, 2009) Supreme Court Opinion: Caperton v. A. T. Massey Coal Co
In a 5-4 decision released on June 8, 2009, the Supreme Court ruled for the first time that the Constitution can require an elected judge to step aside in a particular case based on campaign spending in state judicial races.
The majority ruling in Caperton v. A. T. Massey Coal Co., No. 08-22, was written by Justice Anthony M. Kennedy. Joining Chief Justice John G. Roberts Jr. in dissent were Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr.
In his dissent Scalia wrote:
"A Talmudic maxim instructs with respect to the Scripture: "Turn it over, and turn it over, for all is therein." The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935).
"Divinely inspired text may contain the answers to all earthly questions, but the Due Process Clause most assuredly does not.
"The Court today continues its quixotic quest to right all wrongs and repair all imperfections through the Constitution.
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