Two Votes Against Me

This is one of those stories I just can’t believe.

Big guy forces the little guy out of business. Little guy sues. Big guy, forced to pay $50 million, vows to appeal and spends $3 million to help elect a judge. Then he appeals and wins.

I simply can’t believe that anyone thinks this is how things should work – I can’t believe it.

I’m not thinking due process and I’m not thinking 14th Amendment; as a citizen I’m sitting there saying, ‘How in the world? I’ve got two votes against me and we haven’t even started yet,’
Hugh Caperton (the little guy)

Andrew L. Frey, attorney for Don Blankenship (the big guy) posed a few interesting questions but I think they are all easy answers.

Should a judge sit on a case involving a newspaper that endorsed his campaign?

Yes.

Is recusal necessary when one party is an interest group that worked for the judge’s election?

Yes.

If the justice Blankenship worked so hard to oust had been reelected, would he harbor such animus that he should recuse himself from the case?

Probably, yes.

Am I the only one who thinks these are not difficult ethical questions?