In our political system, the best check on lawmakers is that they must run for office. In many states and localities the same thing is true for judges. Unfortunately, a recent Supreme Court decision may effectively neuter this traditional protection.

Here’s the background. The high court ruled recently (in Caperton v. Massey Coal Company) that if an independent person or group spends money trying to get a judge elected — even if the judge had no involvement in the political expenditures — the judge may have to recuse himself from any cases that could affect the group.