Freedom Note - March 27, 2008
ELECTION SPECIAL EDITION
Greetings!
In This Issue:
1. Politics, Elections, and The WI Supreme Court
2. What's at Stake in 2008?
3. Freedom Flyer
4. WI Supreme Court Race Information
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Politics, Elections, and the Wisconsin Supreme Court:
Preserving Debate and the Market of Ideas
by Mike Dean
I wrote recently that the April 1 Gableman-Butler race for Wisconsin Supreme Court was going to get"ugly." It has.
"POLITICS IS LIFE"
In the great ad noir tradition of modern politics, the campaigns and their third-party acolytes are pumping out the usual hyper-ventilated hatchet jobs portraying ordinary politics as basest corruption. One of the dumber ads claims that Gableman's help organizing a $1,250 fundraiser for Gov. Scott McCallum influenced McCallum to appoint him a circuit court judge. Besides the fact that a $1,250 payola seems pretty light for a judgeship, the only thing really suspect would be if Gableman or Butler (appointed by Gov. Jim Doyle) claimed that politics, relationships, and judicial philosophy didn't have anything to do with their appointments.
Of course judges should be bright, capable, even-tempered, and committed to the law and impartial justice. Many of them are. But the fact still is, they don't become judges without getting to know the governors and the people who appoint and elect them, and without saying things those constituencies want to hear. The first joke you hear at law school is that a judge is just "a lawyer who knew the governor." As Andrew Jackson supposedly quipped when accused of appointing his friends to office, "Who do you expect me to appoint - my enemies?" Read More
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| "What's at Stake in 2008: Battle for the Wisconsin Supreme Court"
by Mike Dean
Deja vu all over again. The 2007 race for Wisconsin Supreme Court between Attorney Linda Clifford and Judge Annette Ziegler was the ugliest in memory, with unprecedented attack ads and record spending by the campaigns and independent groups. The 2008 race is becoming just as ugly, with challenger Judge Mike Gableman running to unseat Gov. Doyle's appointee, Justice Louis Butler.
On one hand, a bare-knuckles race is especially regrettable because it sends the message that courts are political prizes rather than dispassionate, deliberative institutions responsible for objective justice. And on a personal level, Gableman and Butler are both bright lawyers and competent judges with strong records of public service. Yet their characters are being smeared, their records challenged, and their views distorted - often by interest groups who don't even know them, much less have any particular commitment to the Wisconsin Supreme Court as an institution.
Thanks for the free clip-art to the Just A Touch Art Studio of Jonesboro, Georgia; www.justatouch.com |
Freedom Flyer
This flyer offers a side-by-side synopsis of the candidates for the WI Supreme Court election.
Pivotal Election for Wisconsin Supreme Court April 1, 2008
Judge Mike Gableman challenges Justice Louis Butler in the statewide election for Wisconsin Supreme Court. The outcome will determine the court's direction for years.
JUDGE MIKE GABLEMAN
www.gablemanforsupremecourt.com
Background. Assistant District Attorney and Prosecutor, Langlade and Marathon Counties, (1996-1999). Appointed Ashland County District Attorney, Gov. Tommy Thompson (1999-2001), elected (2001-2002). Appointed Burnett County Circuit Court, Gov. Scott McCallum (2002-2003) and elected (2003-2008). Deputy Corporation Counsel, Forest County. Private law practice. Teacher, Milwaukee Public Schools. Adjunct Professor, Hamline University School of Law.
Donations/Endorsements. Cong. Sensenbrenner, Cong. Ryan, Wisconsin Right to Life, 52 of 72 county sheriffs, majority of county district attorneys, Club for Growth, Wisconsin Manufacturers and Commerce, Wisconsin Sheriffs and Deputy Sheriffs Association.
JUSTICE LOUIS BUTLER
Background. Wisconsin State Public Defender's Office (1979-1992). Appointed Municipal Court, City of Milwaukee (1992-2002). Elected Milwaukee County Circuit Court (2002-2004). Appointed Wisconsin Supreme Court, Gov. James Doyle (2004-2008). Lecturer, criminal, appellate, and municipal law. Adjunct Professor, Marquette Law School.
Donations/Endorsements. Sen. Feingold, Sen. Kohl, AFT & WEAC (teachers unions), Lesbian-Gay-Bisexual-Transgender Center Advocates, Wisconsin Realtors Association, Milwaukee City Police Association, Milwaukee County Deputy Sheriffs Association, Greater Wisconsin Committee.
WISCONSIN LAW JOURNAL
2/4/08: "Butler said he identifies with characteristics of Justices Thurgood Marshall, William J. Brennan and John Marshall Harlan. Gableman identified with Chief Justice John G. Roberts and former Chief Justice William H. Renhquist."
2/11/08: "This seat is critical because had Clifford won last year, the court would have shifted even further to the left... Conservatives have an opportunity to flip the court to a conservative majority, which is a huge attraction to conservative money and a huge bogey for liberal groups."
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| April 1, 2008 Wisconsin Supreme Court Election
Please remember to vote April 1, 2008 for Wisconsin Supreme Court justice. In 2004, Gov. Doyle appointed Justice Louis Butler to fill a vacancy. Judge Mike Gableman is challenging Butler for the seat. Supreme court justice is a statewide elected position in Wisconsin, and the winner will hold the seat for a 10 year term. This election is one of the most critical in years, so educate yourself and vote! Click on the pictures below to learn about the candidates.
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Who is First Freedoms Foundation?
 First Freedoms Foundation is a 501(c)(3) non-profit foundation whose mission is to defend historic civil liberties and constitutional principles through public interest litigation and education. FFF's goals are to defend core freedoms and constitutional principles in court and to educate the public about constitutional rights and principles, the impact of the judicial branch and court decisions, and the importance of judicial elections and appointments.
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| Swaffer v Deininger East. Dist. Case No. 08-C-0208 |
| Siefert v Alexander
West. Dist. Case No. 08-C-0126-C |
| Johnson v Burmaster
Wis. App. Case No. 2006 AP 1380 |
| Bhandari v Nilsestuen
Dane County Case No. 2007 CV 2226 |
| Helgeland v DETF
Wis. App. Case No. 2005 AP 002540 | |
