Corporate Media Cover-Up On W. Va Mining - Nothing On Caperton v. Massey, The Basis Of "The Appeal"?

[TomCADem]

Here is an interesting story about Massey Coach, which ran the mines that are the site of the coal mine tragedy playing out in the media. While some folks are pointing the fingers at regulators, one obvious angle that is being ignored is how Massey coal bought off judges in West Virginia. This practice was the subject of a case that went to the U.S. Supreme Court, and was the basis for John Grisham's book, The Appeal. Yet, there is not a single story exploring whether Massey's large donations to judges in West Virginia helped give it a competitive advantage, and avoid liability for unsafe working conditions.

Perhaps even more petinent in light of Stevens' retirement, there is no coverage of the fact that Roberts, Scalia, Thomas and Alito all dissented, and believed that a judge who received from millions in donations did not need to recuse himself. This case illustrate the pro-corporate bias of the right wing block of the Supreme Court.

http://en.wikipedia.org/wiki/Caperton_v._A.T._Massey_Coal_Co.

In 1998, Harman Mining Company president Hugh Caperton filed a lawsuit against A.T. Massey Coal Company alleging that Massey fraudulently canceled a coal supply contract with Harman Mining, resulting in its going out of business. In August 2002, a Boone County, West Virginia jury found in favor of Caperton and awarded $50 million in damages.

While the case was awaiting hearing in the West Virginia Supreme Court of Appeals, A.T. Massey's Chief Executive Officer, Don Blankenship, became involved in the election campaign pitting incumbent Supreme Court Justice Warren McGraw against Charleston lawyer Brent Benjamin. Blankenship created a non-profit corporation called "And for the Sake of the Kids" through which he contributed over $3 million dollars in Benjamin's behalf. This amounted to more than the total amount spent by all other Benjamin supporters and Benjamin's own campaign committee, Much of the money went to an advertising campaign aimed at questioning McGraw's impartiality. McGraw further damaged his campaign during a speech at the 2004 United Mine Workers of America's Labor Day rally in Racine, West Virginia in which he alleged that Republican operatives were following him "looking for ugly". The speech, sometimes referred to as the "Scream at Racine" or the "Scream from Racine", was featured in several campaign advertisements run by the West Virginia Republican Party and may have played a large role in McGraw's defeat in November 2004.

In 2007, when the case came before the West Virginia Supreme Court, Caperton petitioned for Justice Benjamin to recuse himself because of Blankenship's contributions during the campaign. Benjamin declined and was ultimately part of the 3 to 2 majority that overturned the $50 million verdict.

Blankenship also petitioned for Justice Larry Starcher's recusal due to a perceived public feud in which Starcher allegedly called Blankenship "stupid" and "a clown," and accused Blankenship of buying a seat on the West Virginia Supreme Court. Starcher also refused to withdraw from the case, prompting a lawsuit from Massey Energy over the West Virginia Supreme Court's recusal procedures. Caperton then asked for and was granted a rehearing of the case.

Around the same time, Justice Spike Maynard recused himself when photos of him vacationing with Blankenship in the French Riviera while the case was pending appeared in the media. Although Maynard was heavily favored to win reelection in 2008, the photos were featured heavily in the campaign and Maynard was defeated in the primary.

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The United States Supreme Court heard oral arguments in March 2009. In June 2009, the Court found for Caperton and Harman Mining, remanding the case back to the West Virginia Supreme Court. Justice Anthony M. Kennedy wrote for the majority, joined by Justices Stevens, Souter, Ginsburg, and Breyer. Chief Justice John G. Roberts wrote the dissent and was joined by Justices Scalia, Thomas, and Alito. Justice Scalia also filed a separate dissenting opinion.