Supremes reject brief in Massey case

scawvToday the U.S. Supreme Court rejected a supplemental brief lawyers for A.T. Massey Coal Company attempted to file in the case Caperton v. A. T. Massey Coal Co. In that case the Court is set to decide whether the failure of a judge to recuse himself from a case involving a campaign contributor violates the Due Process Clause.

In the brief, lawyers from the company sought to bring to the Court’s attention a press release from the West Virginia Supreme Court of Appeals, which showed data indicating that the judge in question, Justice Brent Benjamin, ruled against Massey in almost 82 percent of the matters brought before the court.

“According to information which was in the file or which was referenced in local news reports, all votes by Chief Justice Benjamin represented votes against the financial interests of Massey Energy of approximately $317 million,” the press release reads.

The Court did not indicate why the brief was rejected.



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