Caperton v. Massey: Amicus brief filed by CLC et al.

Jan 5, 2009

Amicus brief for the Campaign Legal Center, the Brennan Center for Justice at NYU School of Law, and the Reform Institute in support of Petitioners. Amici argue that the Court should make clear that the Fourteenth Amendment’s Due Process Clause compels recusal where, as in this case, the facts and circumstances create the overwhelming perception that objectively massive campaign expenditures can purchase a favorable outcome in a specific pending case. Such a decision would establish the need for state courts to tread with proper concern for constitutional values in an area that has so far been characterized by doubt, uncertainty, and variable enforcement.

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