Due process “may sometimes bar trial by judges who have no actual bias and who would do their very best to weigh the scales of justice equally between contending parties.”28
Caperton suggests that judicial candidates who take full advantage of their ability to raise and spend money might very well be compelled to leave the bench out of concern for judicial bias. The Constitution thus appears to say, after the two White opinions and Caperton, that judges can run like candidates for other elective offices, but the demands of impartiality may limit their ability to hear specific cases. Thus, for those who advocate unregulated judicial campaigns with no campaign finance limits—something similar to what Minnesota presently has as a result of White—there is a danger that such elections might run afoul of the Constitution and compromise the impartiality of the courts.