Many people know of Justice Anthony Kennedy’s controversial 2010 Supreme Court opinion in Citizens United v. Federal Election Commission, in which he assured the American people that independent spending in elections cannot corrupt or create the appearance of corruption, and that “ingratiation and access” aren’t corruption.
Few people know of Kennedy’s opinion a year earlier in Caperton v. Massey, in which the Court held that $3 million in independent spending supporting a candidate for the West Virginia Supreme Court by a litigant with a $50 million case before that Court created enough of a problem with ingratiation and access to require the judge to recuse himself from hearing that case.
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