Don Blankenship Is Heading to Prison. But His Allies Still Bought a Judicial Election in West Virginia.

A state Supreme Court candidate funded by the coal baron’s allies won big on Tuesday night.

Don Blankenship, left, leaving a courthouse in Charleston, West Virginia, last fall.Chris Tilley/AP

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West Virginia coal baron Don Blankenship is slated to start a one-year prison sentence on Thursday after being convicted of conspiracy to violate mine safety rules in the lead-up to a massive explosion in one of the mines run by the company he led, Massey Energy. But his legacy still hangs over West Virginia politics.

On Tuesday, his allies helped elect a business-friendly justice, Beth Walker, to the state Supreme Court by pouring at least $2.5 million into the race, according to the Brennan Center for Justice. It’s a strange ending to a story that began 12 years ago, when Blankenship spent $3 million to unseat a liberal justice and replace him with a Charleston attorney named Brent Benjamin, who went on to vote to overturn a $50 million judgment against Massey Energy.

The US Supreme Court ultimately ordered Benjamin to recuse himself from the case. The whole episode so reeked of corruption that it inspired John Grisham novel and a public financing system for judicial races in West Virginia. But over the course of Benjamin’s 12-year term on the bench, Blankenship’s allies determined that Benjamin was not conservative enough and decided to try to replace him with Walker.

Last year, Republicans in the state legislature reformed the process for electing Supreme Court justices. Whereas the old system had the political parties nominate candidates for a November election, the new system features a nonpartisan election on the primary election date, allowing a large number of candidates to compete. The result is that the winner need only take a plurality of votes among a potentially divided field. That’s exactly what happened on Tuesday. With most precincts reporting by Wednesday morning, Walker won a 12-year term with about 40 percent of the vote, followed by liberal candidates Darrell McGraw (the brother of the justice Benjamin beat in 2004) and Bill Wooten. Benjamin came in fourth place, with less than one-third of Walker’s vote total.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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