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April 09, 2008

Wednesday Update


Wisconsin Club for Growth 

April 9, 2008
Volume 2, Number 15

The Wednesday Update 

In This Issue

1. Brennen Rolling 
    in his Grave
 

2. Lawyers in Charge of
    Judical Ingrity?

3. Who's Watching
    the Watchdogs?



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Justice Brennen Rolling Over in His Grave


On the heels of last week's election of conservative Judge Mike Gableman to the Wisconsin Supreme Court, groups are coming out of the woodwork to change the way we select future justices.  Naturally, had liberal incumbent Louis Butler won, the calls for reform would barely be audible.

One of the groups decrying the notion that the voters should choose the people who decide what their laws mean is the Brennan Center for Justice, which has vowed to eliminate "big money" involvement in court races.  In other words, they intend to shut down any political speech unflattering to liberal judges.  The Wisconsin Government Accountability Board (GAB) has enlisted the legal services of the Brennan Center in their effort to regulate independent advertising (i.e., political speech) during campaigns.

The Brennan Center, which boasts of such intellectual heavyweights as Alec Baldwin and Arianna Huffington on its advisory board, believes too much political speech during elections is "discouraging" voting.  (Apparently, in Wisconsin, the way to get people more involved is to take away their vote altogether, as is being proposed.)   The Government Accountability Board has accepted the notion that the Brennan Center is an independent, non-partisan public policy institute founded by the New York University Law School.  In fact, the Brennan Center is funded by the George Soros-financed Justice at Stake, the leading organization in opposing judicial elections.  From the Brennan website:

"The Democracy Program seeks to change the ways in which citizens participate in their government by fixing the systems that discourage voting, hinder competition and promote the interests of the few over the rights of the many."

Inspiring.   Perhaps the Brennan Center should purchase a copy of the Federalist Papers and read Federalist #10, which explicitly warns about the tyranny of the majority.  The reason we have a system of checks and balances is to protect the rights of minorities (i.e., "the interests of the few") from the will of "the many" (those who are in power).

Memo to the Brennan Center: The less advertising that is done during a campaign, the fewer people tend to vote.  Limiting expenditures and free speech during campaigns leads to the ultimate voter suppression.  If people don't know anything about the candidates, nobody shows up to vote.  Apparently, the Brennan Center plan to encourage voting is to keep the public in the dark about who's on the ballot.

In fact, it might aid the Brennan Center to go back and read a few quotes from Justice William Brennan himself.  It appeared Brennan recognized the value of the First Amendment, a concept that clearly has been lost on his followers:

"If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
    - Texas v. Johnson, 491 U.S. 397, 414, 1989

"...debate on public issues should be uninhibited, robust, and wide-open and it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."
   - New York Times v. Sullivan, 376 U.S. 254, 270, 1964

Is it irony or mere hypocrisy that George Soros embraced Brennan's opinion more than 40 years later to fund a caustic and unpleasantly sharp attack against General Petraeus in the New York Times?

Got it. Criticizing military leaders during time of war is good. Criticizing judges seeking re-election is bad.

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Lawyers in Charge of Judicial Integrity?

There are two kinds of lawyers, those who know the law and those who know the judge.

Wisconsin trial lawyers, led by Bar President Thomas Basting set up the fraudulent Wisconsin Judicial Integrity Committee to ensure that they know the judges best of all.

The Wisconsin Club for Growth has repeatedly exposed what a sham this committee is over the past few months, as liberal committee members proceeded to mock Gableman, offer campaign advice to Louis Butler, and shut down any discussion of Butler's appalling record on the Supreme Court.

Last week, the WJCIC trotted out member Carol Toussaint, a 79 year old liberal activist from Madison to complain about the Supreme Court election and whine about why their guy lost.  Toussaint claimed that one of the bright spots of the campaign was the "excellent" investigative reporting, which indicates that Toussaint hasn't read a newspaper in at least six months.  The reporting on this campaign has been beyond appalling, with story after story devoid of any substance.  Naturally, Toussaint cites the Brennan Center as a wonderful source of information.

Perhaps more troubling, Toussaint recites the party line about voters being "turned off" this election, due in large part to negative campaign ads.  This follows with the other nutty liberal conspiracy theorists who claim that somehow votes were "suppressed" during the campaign.   The facts tell another story:

This election featured the second highest number of votes cast in a spring election for Supreme Court this decade.  Justice Roggensack and Judge Gableman won their elections with similar margins, while Judge Diane Sykes and Justice Annette Ziegler won by landslide margins.  

Year    Total Vote        Votes by Candidate:
 
2000    817,748           535,805 Sykes             281,048 Butler
 
2001    552,860           (Prosser/uncontested)
 
2003    799,637           409,422 Roggensack   390,215 Brunner
 
2005    552,790           (Bradley/uncontested)
 
2006    502,688           (Crooks/uncontested)
 
2007    823,658           481,287 Ziegler           342,371 Clifford
 
2008    818,970           419,580 Gableman      399,390 Butler
 

The remarkably consistent voter turnout and election results of the last decade make one thing perfectly clear:  Wisconsin voters prefer conservative justices to liberal ones.

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Who is Watching the Watchdogs? 

One need not be a conspiracy theorist to notice the very real and troubling pattern that has developed over the last decade when liberals don't win contested Supreme Court elections.

First they file complaints against the conservative candidates and their supporters alleging campaign collusion, malfeasance, or some other ethical or legal violation.

Then they demand the justices remove themselves from decisions in Supreme Court cases in which groups that may have contributed to the candidate or participated in the campaign have an interest.   Witness the chain of events following the elections of Justices Wilcox and Ziegler. 

Last year, liberal activist and attorney Ed Garvey asked Ziegler to step aside in a case because the Wisconsin Realtors Association PAC had contributed to Ziegler's campaign.  The recusal was not only unwarranted, but completely unprecedented.

Justice Butler on the other hand did not recuse himself in similar cases but continued to accept thousands of dollars from lawyers arguing cases before the court, in some cases between hearing oral arguments and rendering an opinion, and after disclosing earlier contributions.  In one case, Butler accepted donations from board members of a non profit organization that was suing an individual for $85,000 even though he said he would not accept money from parties to a case. 

The WJCIC with the help of George Soros' Brennan Center for Justice are planning a similar welcoming party for Justice-elect Mike Gableman.  Carol Toussaint referenced such plans in her interview on public television Friday when she said the court could pass new rules if certain things happened in an election.

The plan is to pass rules that prohibit Gableman from participating in key cases before the court. This would result in a 3-3 tie vote, allowing Appeals Court rulings to stand, since the liberals still control those benches.

The Wisconsin Club for Growth will continue to keep you up to date on the State Bar's attempt to neuter Judge Gableman by pushing new recusal standards  for the court and to ask the WJCIC questions like: Why it is that liberal Justices like Louis Butler can accept donations without it affecting their impartiality but conservatives Justices like Annette Ziegler and Judge Gableman can not?

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