The Federalist Society

SCOTUScast 7-19-09 featuring Bradley Smith

Caperton v. A.T. Massey Coal Company

July 19, 2009

Bradley A. Smith

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 SCOTUScast 7-19-09 featuring Bradley Smith - MP3
Running Time: 00:13:23

On Monday, June 8, the Supreme Court announced its decision in Caperton v. A.T. Massey Coal Company. In this case, the Supreme Court considered whether West Virginia Supreme Court of Appeals Justice Brent Benjamin’s failure to recuse himself from his principal financial supporter’s case violated the Due Process Clause of the Fourteenth Amendment. In a 5-4 decision delivered by Justice Kennedy, the Court held that in the circumstances of this case, the Due Process Clause requires Justice Benjamin’s recusal, reversing the decision of the West Virginia Supreme Court of Appeals below and remanding the case back to that court. Capital University Law Professor Bradley Smith discusses the decision.


Oral Argument - March 3, 2009:


Decision - June 8, 2009:


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Related Links

--SCOTUScast 5-22-09 - Caperton Debate

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