A Discussion On Fundamental Fairness

It is worth reading yesterday's oral argument at the Supreme Court in the case of Caperton v. AT Massey Coal Company. At issue is whether a West Virginia appellate court judge should have recused himself after having received $3 million in campaign contributions from one of the parties. The case involves an intricate discussion of basic concepts of fundamental fairness and the impact of the election process on outcomes in litigation. Moreover, the case was expertly argued by two exceptional attorneys, Theodore B. Olson and Andrew L. Frey.