Caperton Could Lower Bar For Judicial Recusal

Law360, New York (June 9, 2009, 12:00 AM EDT) -- After the U.S. Supreme Court ordered the West Virginia Supreme Court's chief judge off the appeal of his largest campaign donor on Monday, experts are debating whether the ruling in Caperton v. Massey puts a lid on out-of-control judicial race spending, or opens a Pandora's box of recusal motions by establishing a constitutional basis for forcing elected judges aside at the first signs of impropriety.

Some are calling Caperton v. Massey the Bush v. Gore of judicial recusal cases — forged by the high court in...
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