Jacqueline Marcus: How to stop corporate tycoons from buying seats on supreme courts

A BUZZFLASH GUEST CONTRIBUTION
by Jacqueline Marcus

Coincidentally, I just finished reading John Grisham's novel The Appeal when I came across Adam Liptak's New York Times article. Don L. Blankenship, Massey Coal's chief executive, launched a $3 million dollar campaign that bought a judicial seat on the West Virginia State Supreme Court. The article practically summarized The Appeal.

The Appeal is not like the typical entertaining Grisham-lawyer novel; it's an all-too-real depiction of how corporate tycoons are purchasing seats on the Supreme Courts across the country. The objective is clear: Fix the verdict in favor of companies committing egregious, environmental crimes that have caused cancer clusters, leukemia, and a range of life-threatening diseases to humans, animals, and nature from toxic chemical waste.

According to The New York Times' report, in 2004, Don L. Blankenship of Massey Coal Energy bragged about spending "$3 million on tough advertisements attacking a justice of the State Supreme Court." The Rove-like political ads accused Justice McGraw of releasing a pedophile. It was a distorted lie. Later, Blankenship cheerfully admitted his real objective was to replace the sitting Justice because of his fair and impartial "rulings against corporate defendants."

It's cheaper for a polluting energy company such as Massey to spend $3-5 million on campaign advertisements for a right-wing-groomed candidate who will rule in favor of corporate defendants than it is to pay for a $50 million dollar jury verdict.

The undercover strategy, which involves an intricate web of right-wing operatives for choosing a conservative who will secure the ruling for the industry, is captured perfectly in The Appeal. Grisham concedes that his story is fictional. However, he explains at the end of the novel that "there is a lot of truth in this story. As long as private money is allowed in judicial elections, we will see competing interests fight for seats on the bench. The issues are fairly common. Most of the warring factions are adequately described. The tactics are all too familiar. The results are not far off the mark."

In The Appeal, Krane Chemical Company dumped toxic waste into a small town's water supply, causing the worst cancer cluster in history. The contaminated groundwater poisoned the lives of nearly all the residents, many people died and suffered miserably from illnesses such as leukemia and cancer. The trial lawyers supporting the victims concluded:

We were angered by Krane's arrogant and calculated abuse of the land, by their disregard for safety, and their deceit in trying to conceal it." Why the small town of Bowmore? "... because the land and labor were dirt cheap, then Krane spent the next thirty years dumping chemicals and waste into the ground and into the rivers, quite illegally of course. (p. 22)

Grisham hands us a realistic picture of a corrupt, corporate good ol' boy senator who knows just the right operatives to get the job done with the end goal of "fixing the verdict" for Krane Chemical.

When our clients need help, we target a Supreme Court Justice who is not particularly friendly and we take him, or her, out of the picture." Who are the clients? "Big companies in energy, insurance, pharmaceuticals chemicals, timber ... We raise tons of money and hire the people on the ground to run aggressive campaigns." (p. 113)

Trial lawyers are demonized with honorable Justices as being "big bad socialist-commie liberals" on perpetual TV ads that cost millions. Sadly enough, the uninformed and underprivileged folks who are swayed by such ads are the ones that have the most to lose. (Perhaps this is why Republicans hate to fund schools/education?) In The Appeal, the trial lawyers defending the victims of Krane's chemical water contamination sacrificed their savings, home, and much more.

The jury rightfully ruled against Krane Chemical. But that is only the beginning of this story. Thus, the title of the book becomes clear -- The Appeal at the Supreme Court is the big business opportunity to eliminate the jury's verdict.

... big business is currently in the business of buying seats on supreme courts all over the country. They target ... compassionate jurists who strive for the common ground and are sympathetic to the rights of workers, consumers, victims injured by the negligence of others, the poor, and the accused. The law's greatest responsibility is to protect the weakest members of our society ... Big business, through its myriad support groups and associations, is successfully coordinating a grand conspiracy to drastically change our court system. Why? To protect its own interest. How? By blocking the courthouse door; by limiting liability for companies that make defective products, for negligent doctors, for abusive nursing homes, for arrogant insurance companies. The sad list went on ... (p. 307)

Massey Coal could stand as a case study for The Appeal. In the New York Times article, Adam Liptak recalled: "When ABC News tried to ask Blankenship questions last year about pictures showing him in Monte Carlo with yet another State Supreme Court justice, he shoved a cameraman and suggested that someone was ‘liable to get shot' if the journalists persisted."

Liptak reported that Massey Coal is a frequent plaintiff, and has attracted lawsuits over environmental, workplace safety, and labor issues. Justice Larry V. Starcher spoke out, "We have one justice who was bought by Don Blankenship (Justice Benjamin in 2006), while the two men were colleagues on the court. It makes me want to puke."

Corporate money can buy just about anything, including State Supreme Court Judges. So what can we do to stop the corruption? Here are a few suggestions:

1) Establish laws that end all campaign advertisements for State Supreme Court Judges.

2) Candidates can arrange a series of live equal time for TV and Radio debates, discussions, and interviews.

3) A candidate who decides to run for the State Supreme Court seat must provide full disclosure of his/her credentials and background experience, interests, and intentions.

4) Qualification Standards MUST apply for the Supreme Court Judgeship, such as: the candidate must be a lawyer, he/she must have trial experience at the Supreme Court level, and he/she must pass rigorous examinations for holding one of the most ethically important, legal professions in the country. Indeed, the same standards should apply for presidential candidates as well.

Otherwise, judicial elections will continue to fall into the controlling hands of wealthy corporate Wall Street CEOs such as Coal Thug Don Blankenship who received "$23.7 million in salary, bonus, options and other compensation in 2007." Greedy pigs such as Blankenship could care less about the welfare of the people. Their game of profits and more profits comes at the expense of the public's safety and the protection of our environment. It's time to cut the corruption at its root.

A BUZZFLASH GUEST CONTRIBUTION

Jacqueline Marcus is the author of Close to the Shore (poems) Michigan State University Press, and editor of ForPoetry.com. Her political commentaries/letters have been published in BuzzFlash.com, CommonDreams.org, Slate, The Washington Post, New Times' cover story: "The Politics of Restraint" and elsewhere. She taught philosophy at Cuesta College and is currently working on promoting solar energy on the Hawaiian Islands. solar@gosolarmaui.com.