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Contact Us Home March 11, 2010
Congress periodically engages in waves of "court-stripping," often to punish the courts for particular rulings on hot-button social issues.
 

Resources

 

ARTICLES

"Can Judges Be Bought?," Parade Magazine, 3/8/09
Parade feature on the Caperton case with Charles Hall, of Justice at Stake, interview. Online poll is included.

"Supreme Court Divided Over Judicial Bias," Washington Post, 3/3/09
Robert Barnes recaps some of the arguments at today's hearing.

 

"Supreme Court case with the feel of a best seller," USA Today, 2/16/09

Joan Biskupic profiles the case, which includes a new nationwide poll on public attitudes toward judges ruling on matters involving campaign supporters.

"Benjamin talks issues facing W.Va. court," Legal Newsline, 1/21/08
Chief Justice Benjamin gives an interview on many issues, including the Massey case.

Click here to view more articles.

AUDIO/VIDEO

ABC Primetime's report on the Caperton/Massey dispute.

 Click here to view more audio and video

 

REPORTS

"New Politics for Judicial Elections" Reports: 2000, 2002, 2004, 2006

New Politics 2004/West Virginia Link

“Fair Courts: Setting Recusal Standards,” April 1, 2008, James Sample, et al, Brennan Center for Justice

“The Best Defense: Why Elected Courts Should Lead Recusal Reform,” Brennan Center for Justice, June 1, 2007

 

ABA Report on Recusal

How Each State Selects Supreme Courts (PDF)

One-Page Caperton v. Massey Fact Sheet (PDF)

Brennan Center for Justice Caperton Resource Page. This invaluable page contains an extensive history of the case, including all major briefs, and links to press, commentary and reports on recusal.  

 

NOTABLE QUOTES

Former U.S. Supreme Court Justice Sandra Day O’Connor, Feb. 24, 2008, Parade Magazine commentary:

 

I am anxious about the state of the judiciary in America. I am not concerned about particular judges or cases, nor am I concerned about the judiciary shifting right or left. What worries me is the manner in which politically motivated interest groups are attempting to interfere with justice.

Justice O’Connor, Nov. 15, 2007, Wall Street Journal commentary:

 

Motivated interest groups are pouring money into judicial elections in record amounts. Whether or not they succeed in their attempts to sway the voters, these efforts threaten the integrity of judicial selection and compromise public perception of judicial decisions.

Click here to read more notable quotes.

 

POLLING EXCERPTS

 

 

 

76 % of all voters believe campaign contributions have at least some impact on a judge’s courtroom decisions.

Source: Justice at Stake
January 2001 national poll

95 % believe that judges should remove themselves from cases involving campaign contributors (77 % believe it is “very important” judges avoid such cases.)   
 
78 % are “very” or “somewhat” concerned that judicial candidates have to raise more money, run television advertising, and potentially seek party and political interest group support. 

Source: Justice at Stake
January 2008 poll of Minnesota Citizens

Click here for more polling excerpts.

 

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