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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).

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Bridget Carroll
Press Officer,
Manhattan Institute
bcarroll@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.