Thursday, March 20, 2008

Supreme Stakes

The April 1st election is less than two weeks away and in this week's Waukesha Freeman column I took a look at what is at stake in the State Supreme Court race, and what may be driving some of the more distasteful aspects.
Conservatives on the court traditionally supported precedent, the text of the law, and the legislative intent. With Butler’s appointment, the rules changed and the courts went from interpreting the law to handing out the benefits. The court has become an arm of social services with the direct power to tax private businesses without legislative approval.

Justice Butler has promised more of the same kind of judicial activism in his television ads, touting rulings he has made against businesses and in favor of plaintiffs. He claims it’s a “matter of right and wrong,” but that’s not the job he was appointed to do. His job is not right and wrong, but deciding matters of the law.

A Butler victory could result in an even more radical period in the court’s history.