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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

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.