That court was set to hear the appeal of a $50 million judgment to rival coal company owner Hugh Caperton against Blankenship’s company, Massey Energy.

Sixty percent of the spending in the race that elevated Brent Benjamin to the high court came from Blankenship. When Blankenship’s appeal reached the West Virginia high court, Benjamin three times refused to step down from the case.

The other side sued, and the U.S. Supreme Court, in a 5-4 decision, ruled it was unconstitutional for a judge to hear a case involving the financial interests of such a major campaign supporter.

Bradley already has stepped down from one of the John Doe cases, saying her son works for the law firm representing one of the unnamed plaintiffs. She suggested in a March letter announcing her recusal that her colleagues should consider whether they, too, should decline to participate.

If all four were to do so, the seven-member court would be unable to muster a majority required to rule on the John Doe challenges. Randall Crocker, the attorney for John Doe prosecutor Francis Schmitz, declined comment on whether his side will call for any of the justices to step down from the cases.