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The Associated Press offers a useful account of this morning’s oral argument in Caperton v. Massey. Although it’s always hard to tell how a case will be decided based on the oral argument, the A.P. offers a glimpse inside the courtroom:

The Supreme Court appears to be willing to say that elected judges must step aside from cases in which there would be at least an appearance of bias if they took part.

During lively arguments Tuesday in a closely watched case from West Virginia, the court’s four liberal justices and the conservative-leaning Anthony Kennedy all expressed support for a ruling that the Constitution’s guarantee of a fair trial could require judges not to participate in a case in which there was a likelihood of bias.

Honing in on the real problem created by a system in which judicial candidates raise funds from potential future litigants and lawyers, Justice Kennedy noted:  “Our whole system is designed to ensure confidence in judges.”  As PMC has argued — and as recent polls continue to confirm — the current system is undermining that confidence.

We will post links to the argument transcripts and additional news accounts as they become available. And we will keep you up to date on developments in this very important case.

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