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Adult supervision: The U.S. Supreme Court is right to take up Massey
Wednesday, November 19, 2008

Sometimes human behavior is so flagrantly ridiculous that it begs for adult intervention. That's the position in which the West Virginia Supreme Court finds itself with a case involving Massey Energy. The state justices will soon get the ultimate in adult oversight -- the U.S. Supreme Court.

On Friday, the nation's top court decided to hear a case in which the workings of justice give off a strong odor of at least the appearance of a conflict of interest. In 2004, Massey Energy Chief Executive Officer Don Blankenship spent $3 million to help defeat the incumbent justice opposed by Brent Benjamin in his successful bid to win a seat on the court. That spending would later come back to cause a problem for now-Justice Benjamin.

In 1998, Hugh Caperton, a West Virginia Coal company owner, had sued a Massey affiliate alleging fraud. Four years later, a lower court awarded Mr. Caperton $50 million in damages. But Massey appealed to the state's top court and Justice Benjamin was on the bench when the case was heard.

Although asked to step down from the case by Mr. Caperton's lawyers because of the appearance of a conflict of interest, he stayed on and has twice been part of a 3-2 majority ruling in Massey's favor. To further shake public confidence, Chief Justice Elliott "Spike" Maynard, who had voted the first time to overturn the damages, recused himself after photos were made public showing him vacationing in Monte Carlo with Mr. Blankenship.

It's no wonder these goings-on have been enough for the U.S. Supreme Court to decide to hear this case. That's no guarantee that Massey won't prevail, but with luck some semblance of justice will be done. Perhaps the adults on the bench will suggest guidelines for jurists too immature to act responsibly when their political support looks like a problem.

First published on November 19, 2008 at 12:00 am