Legal Commentary

In, Caperton v. A.T. Massey Coal, (released Monday, June 8) the Supreme Court ruled 5-4 that a West Virginia judge violated the Due Process Clause by not recusing himself from a case in which one of the parties spent $3 million towards the judge?s election campaign. Justice Scalia dissented, and concluded his remarks with the following:

Given the context of the case, I recommend to Justice Scalia the following Talmudic passage (Sanhedrin 7b-8a), which offers a far more accurate portrayal of the Rabbis attitude towards substantive issue at hand:

Someone who had hosted Rav once appeared before Rav as a litigant.

The litigant said to Rav: Where you not a guest in my house?

Rav answered: Yes.

The litigant said: I have a case that requires adjudication

Rav answered: I am disqualified from serving as your judge

(since I benefited from your hospitality)

Rav then turned to Rav Kahana and said ?Go and adjudicate this claim?

Rav Kahana saw that the litigant was acting confidently

Such that Rav Kanhana said to the litigant

?If you will obey my judgment, then obey it,?

But if not I will remove Rav from aiding you