Stevens supported his argument by citing Caperton v. A.T. Massey Coal Co., [39]
where the Court held that $ 3 million in independent expenditures in a
judicial race raised sufficient questions about a judge's impartiality to require the judge to recuse himself in a future case involving the spender.
Roy Schotland, a «Georgetown University law professor and expert on
judicial elections,» succinctly sums it up: «[S] tate
judicial races are increasingly becoming «floating auctions,» in which special - interest groups focus money and manpower in states
where they can upend judges they don't like.