Friday, November 21, 2008
Is due process what looks bad?
Those of you who are following news of judicial elections in other states may be interested to know that the U.S. Supreme Court last Friday accepted certiorari in the case of Caperton v. A.T. Massey Coal Company, which I discussed here. The plaintiffs, who argue that campaign donations to the justices created the appearance of impropriety amounting to a due process violation, are represented by former Solicitor General Theodore Olson. According to the New York Times, Olson said in his pleadings, “The issue raised by massive campaign contributions to judges from litigants and their attorneys go to the very heart of what it means to be given a fair trial.” The defendants argued that “looks bad” is not a test of due process.