A National Partnership Working for Fair and Impartial Courts
Contact Us Home January 20, 2018
"This crisis of confidence in the judiciary is real and growing. Left unaddressed, the perception that justice is for sale will undermine the rule of law that the courts are supposed to uphold."
Justice Sandra Day O'Connor
 

The Debate/Briefs

 

 

 

You really have no test other than probability of bias. We can't -- we can't run a system on -- on such a vague standard.

Justice Scalia

 

 

 

We have never confronted a case as extreme as this before. This fits the standard that Potter Stewart articulated [about obscenity] when he said, "I know it when I see it."

Justice Stevens

 

On March 3, the U.S. Supreme Court heard arguments on whether election spending by special interests can, in certain cases, force a judge to recuse himself from a case. For more than an hour, lawyers and justices sparred over four key questions. For a transcript of the full hearing, click here. To read highlights, click on the following links:


 Briefs

 

Can special-interest spending in state judicial elections undermine the right to a fair, impartial court trial? The key issues of Caperton v. Massey are laid out in briefs by the litigants, and in a wide array of “friend of the Court” briefs.

 

To see highlighted excerpts, as well as links to the full briefs, click here.

 

 

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