Massey Energy is suing the West Virginia Supreme Court in federal court, saying one of the court's rules is unconstitutional.

Massey's CEO Don Blankenship says a court rule doesn't provide any recourse when a justice refuses to remove himself from a case, violating due process.

Blankenship is upset because he claims Justice Larry Starcher is biased toward Blankenship and Massey, and the company has some major money cases pending before the court.

Blankenship spent several million dollars electing Republican Justice Brent Benjamin to the Supreme Court using a political action group called "For the Sake of the Children."

Blankenship has publicly vowed to oust Starcher from the court should he seek re-election, threatening to spend whatever amount of money it takes.

Starcher has indicated he may not run again because he does not want to endure Blankenship's media attacks, but he has not made a decision.

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