Legal News

Court Reverses on Massey Coal, Won?t Hear ?Don?t Ask, Don?t Tell?; A Lost Koz

By Ashby Jones

This just in: In a 5-4 decision, the Supreme Court Monday morning sent a rebuke to West Virginia Supreme Court Justice Brent Benjamin (pictured), who refused to recuse himself in a case involving Massey Coal after Massey Coal’s chairman supported Benjamin during Benjamin’s reelection campaign. Click here for the opinion; here, here and here for earlier LB posts on the Massey Coal situation.

Writing for the majority: Justice Kennedy, who was joined by Justices Souter, Ginsburg, Breyer and Stevens. Chief Justice Roberts wrote a dissent, which was joined by Justices Scalia, Alito and Thomas. Scalia also wrote separately.

In other Scotus news, the court declined to hear the appeal of the conviction of two former Tyco executives, Dennis Kozlowski and Mark Swartz. The justices’ action Monday ends the effort to overturn their convictions. They are serving prison terms of 8 1/3 to 25 years for taking unauthorized pay.

The court Monday also turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military, granting a request by the Obama administration. The Court declined to hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military’s “don’t ask, don’t tell” policy.

Full post as published by Law Blog - WSJ.com on June 08, 2009 (boomark / email).