Tomorrow, the United States Supreme Court will hear argument in a case I never, not-in-a-million years thought they would take: Caperton v. Blankenship, the judicial recusal case out of West Virginia. For those not terribly familiar with the case, The Washington Post has a thorough preview here.
Caperton is pressing SCOTUS to rule that the due process clause of the 14th Amendment is violated when a judge who circumstances indicate has a “probability of bias” refuses to recuse himself or herself. I can’t fathom that the Court will accept that argument at the end of the day-- the implementation problems are just too monumental. But then, I was shocked that the Court took the case in the first place.
In any event, hopefully tomorrow we’ll get a read from the justices as to whether Caperton has a plausible shot at winning. I’ll have coverage up of the oral argument as soon as my schedule allows.