However, before the hearing, Mr. Caperton asked Judge Brent Benjamin to "retreat" (apologize) from the case. He argued that since Massey contributed a reported $3 million to the judge's re-election campaign, he would not remain impartial. Judge Benjamin's participation would present a "constitutionally unacceptable appearance of impropriety," are Mr. Caperton's exact words. The motion to save was defeated by a 3-2 vote in favor of Benjamin. The Supreme Court of Appeals reversed the lower court's decision and dismissed the case. Subsequently, the Court granted Mr. Caperton's motion for a new hearing, however his motion to save Judge Benjamin was once again denied by a vote of 3-2. Now, the question arises whether Judge Benjamin was unable to save himself due to the fact that the defendant in the case donated $3 million to his campaign. According to the highest court in the land, the United States Supreme Court, he was in fact unable to save himself. Justices Anthony M. Kennedy wrote the opinion for the majority and were joined by Supreme Court Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer. The majority rule stated that it was not necessary to find that Judge Benjamin was actually biased in his decision making; it only served to demonstrate that “under a realistic assessment of human psychological tendencies and frailties,” Judge Benjamin's interest posed “a risk of actual prejudice.” This case made headlines and may actually have been the basis for many arguments made by defendants in a court of law. Findings like these raise the question of whether or not a judge, or even a judge, can remain "blind" just as that law is. All... middle of paper... ...sometimes treated by philosophers as if it were equivalent to moral impartiality. Impartiality in its broadest sense is best understood as a formal notion, while impartiality in particular is a substantive concept. Anyone who chooses an accountant based on the advice of a friend can be completely impartial between the various candidates. However, if his choice is motivated exclusively by rational and selfish considerations then it is clear that impartiality is in no way a form of moral impartiality.12. Source no. 12: "Becoming Judge Blackmun" The book is a biography of Judge Blackmun, who was a strict man towards justice. He believed in judicial impartiality and fought for it. He wrote the majority opinion on Roe v. Wade. His work on the Supreme Court during his tenure has a positive and lasting effect. He is the model for judges and justices to come