Buying Justice

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Paul Waldman notes that New York state’s chief justice recently announced that judges have to recuse themselves if a lawyer arguing a case before the court has contributed more than $2,500 to one of the judge’s campaigns. You’d think that should have been obvious all along, wouldn’t you? But not to everyone:

It’s true that the ability to buy a judge is not completely without limits, as we found in a case called Caperton v. Massey, involving the notorious mining company Massey Energy. Massey had recently been hit with a $50 million verdict in a lawsuit heading for West Virginia’s Supreme Court of Appeals, so the company’s chief, Don Blankenship, poured $3 million into the campaign of Brent Benjamin, a private attorney running for the first time, for chief justice in 2004. That amount was more than both campaigns spent combined. Benjamin ousted the sitting justice, and when the case reached the high court, Benjamin refused to recuse himself and cast the deciding vote in Massey’s favor, tossing out the $50 million award.

When the appeal reached the Supreme Court of the United States, the Court ruled that Benjamin should have recused himself. But what was so remarkable about the decision is that it wasn’t 9-0 or 8-1 but 5-4. Justices John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito — the Court’s conservative bloc — actually thought it was OK for a judge to get $3 million from a defendant, then rule on that defendant’s lawsuit.

This, of course, is the case that inspired John Grisham’s The Appeal, which I highly recommend. Sure, it’s Grisham, and I know he’s not everyone’s cup of tea, but The Appeal is great liberal porn and it only takes a few hours to power through. You’ll enjoy it.

DOES IT FEEL LIKE POLITICS IS AT A BREAKING POINT?

Headshot of Editor in Chief of Mother Jones, Clara Jeffery

It sure feels that way to me, and here at Mother Jones, we’ve been thinking a lot about what journalism needs to do differently, and how we can have the biggest impact.

We kept coming back to one word: corruption. Democracy and the rule of law being undermined by those with wealth and power for their own gain. So we're launching an ambitious Mother Jones Corruption Project to do deep, time-intensive reporting on systemic corruption, and asking the MoJo community to help crowdfund it.

We aim to hire, build a team, and give them the time and space needed to understand how we got here and how we might get out. We want to dig into the forces and decisions that have allowed massive conflicts of interest, influence peddling, and win-at-all-costs politics to flourish.

It's unlike anything we've done, and we have seed funding to get started, but we're looking to raise $500,000 from readers by July when we'll be making key budgeting decisions—and the more resources we have by then, the deeper we can dig. If our plan sounds good to you, please help kickstart it with a tax-deductible donation today.

Thanks for reading—whether or not you can pitch in today, or ever, I'm glad you're with us.

Signed by Clara Jeffery

Clara Jeffery, Editor-in-Chief

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