On Fair Courts and Big Coal

Today in the Supreme Court, a case was argued that makes a pretty compelling case for a fair and independent judiciary. Robert Barnes at the Washington Post did a good overview yesterday.

Caperton and his little coal company sued a huge coal company on claims that it unlawfully drove him out of business, and a jury agreed, awarding him $50 million.

That company's chief executive vowed an appeal to the West Virginia Supreme Court -- but first, he spent an unprecedented $3 million to persuade voters to get rid of a justice he didn't like and elect one he did.

Today during arguments the Court was (no surprise) divided. But the real principle may be bigger than simply campaign donations.

The Constitution sets up the judiciary as the branch of government dedicated to ensuring that the rule of law applies equally to all people. When it's broken – or perceived to be broken, -- there's scant reason for citizens to put their full faith in the government. And yet over the last years, President Bush has systematically flooded the courts with jurists who put political ideology over our most basic constitutional principles.

No longer fearing the worst when it comes to judicial appointments is, well, a big sigh of relief, but this case makes very clear how crucial it is that we repair the damage eight years of George Bush has done.

PFAW