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Supreme Court constitutionalizes state-court recusal standards



It's a 5-4 decision (PDF) written by Justice Kennedy and joined by the Court's liberal wing. Coverage of Caperton v. Massey Coal: Jonathan Adler, the WSJ Law Blog, Legal Ethics Forum and the Chamber-backed West Virginia Record. Our earlier coverage is here, here, and here.

Some early commentary: Rick Pildes, Balkinization (case highlights division between justices who want bright-line rules, and those more comfortable with vague standards requiring ongoing judicial intervention), Volokh commentators David Nieporent (con) and Dilan Esper (pro).

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.