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1/1/2008
Them's is fightin' words
It’s not a good way to hail the new year – to have an intelligent guy whining about a campaign that’s 3 months away.
So that said, Happy New Year! Thank you for being a FoxPolitics reader in 2007 and I wish you success, love and happiness in the coming year.
FoxPolitics commented often last year on the Ziegler-Clifford race – and on the tremendous import of that election to Wisconsin’s economy and business environment. Now more than ever it’s critical the court be kept from quixotically tilting further to the left in its interpretation of the Wisconsin Constitution and the Wisconsin Statutes. The balance on the court will be up for grabs April 1 – and voters need to know about it.
Be not mistaken. The Justice Louis Butler vs. Judge Michael Gableman election for Supreme Court Justice April 1 will form the foundation for this new year of 2008 – and years and years beyond. It’s all about balance on the court. ALL about the ability of businesses to survive in Wisconsin.
In one of the opening volleys from the left, Bill Kraus shares his view of what a campaign for Supreme Court justice is all about. The campaign can be about intelligence and ability. The Supreme Court does not deal in elementary school level stuff. They make close calls on complicated issues and ideas….
The most important personal quality a candidate can and should bring to the job is an abstraction which encompasses open-mindedness, disinterestedness, an absence of ideology and a reverence for facts.”
….What the judiciary does not need is people with agendas and preconceived notions and commitments.
Here’s the deal. Bill Kraus is scared to death that Doyle-appointed-but-never-elected Justice Louis Butler, will be held to account by Wisconsin voters for rulings favoring criminals and interpretations of the statutes that have logarithmically and unfairly increased business exposure to liability.
Despite what Kraus wants us to believe, a non-partisan judicial candidate for the Supreme Court, with the right to free speech, may – and indeed must – discuss the impact of previous rulings of an incumbent justice.
It’s absolutely critical that voters understand why and how an incumbent justice interprets “statutes, the U.S. and Wisconsin Constitutions and opinions written by higher courts.” If you can take 3 minutes, read pp. 163 (last paragraph) to 166 in the 2005 - 06 Blue Book’s “Feature Article”, Demystifying the Judicial Branch. Yes Bill, a judicial candidate must “encompass open-mindedness” and have a “reverence for facts.” Absolutely. But interpretation of the statutes and the Constitution is the most important work of a Supreme Court justice.
Judge Gableman, in the next three months, will be pointing out just how Justice Butler has interpreted those statutes.
And it won’t be pretty.
Ok, it’s only January 1. Three months for all of us to become informed about how justices interpret the statutes. We’ll get sick of hearing about it. But it’s important for the future of our state to understand Louis Butler’s rulings. Really important.
COMMENTS
There's a reason liberals don't want folks talking about Louis Butler's record.
The article below appeared in On Wisconsin, the magazine of the UW Alumni Association. Justice Louis Butler is an alumnus of the UW Law School. Butler wrote the ruling that oveturned the conviction of Ralph Armstrong. Justice Butler's ruling is linked here along with the dissent. An article, penned by John Allen, describing the case in detail, appeared in the Winter 2005 issue of the magazine of the Wisconsin Alumni Association. The first several paragraphs appear below; read the complete article here; it's important.
History Overturned Twenty-five years after one of the UW’s most brutal crimes, changing science is turning a settled history into an open question: will we ever know who killed Charise Kamps?
On July 12, 2005, Madison lost a sense of certainty. On that date, the Wisconsin Supreme Court overturned the conviction of Ralph Armstrong MS '79, stripping the ending from the understood narrative of one of the most brutal crimes in the university’s history.
Twenty-five years earlier, on June 24, 1980, the body of Charise Kamps UW ’83 had been discovered, bloody and naked, in her West Gorham Street apartment. She had been beaten, raped, and strangled. Justice moved swiftly, however: Armstrong was in custody that very day.
For those attending the UW then, and for Madison in general, the murder dominated the summer. Reports on the investigation ran on the front pages of city and university newspapers until the arrest was made public in July. At the time, the CapitalTimes wrote that the crime “shocked women across the city.” But their shock must have been assuaged in March 1981, when Armstrong was tried, convicted, and sentenced to a term of life plus sixteen years. During the trial, the prosecution used two important pieces of physical evidence — semen and hair samples — to link him to the crime scene. The state used the best science available at the time, but forensic labs had no way of identifying evidence based on DNA then. Today they do, and analysis shows that neither the semen nor the hair came from Armstrong....

raul (Tue Jan 01 09:53:27 2008)
[quoting] "Here’s the deal. Bill Kraus (and lots of liberals like him) is scared to death that his man, Doyle-appointed-but-never-elected Justice Louis Butler, will be held to account by Wisconsin voters for rulings favoring criminals and interpretations of the statutes that have logarithmically and unfairly increased business exposure to liability."
'Exposure to liability' sounds like another code word for tort reform. Tort cases are those which groups bring against the malfeasance of business. Any attempts to shield business from its legal and ethical responsibilities are rightly feared by everyone.
Voting for another protectionist judge (like Zeigler sitting on the foreclosure cases of her husband's bank) in no way enhances the Wisconsin judiciary.
This judiciary should be penalizing those corporations who take tax shelters outside the state through holding companies elsewhere and thus avoiding their share of the tax levy while using state resources; resources like roads, police and fire and of course, schooling their kids.
Protecting business from liability should never be the goal of a judiciary.
If businesses need some kind of enhanced protectionism to be cajoled into staying in Wisconsin, do we want such parasites here anyway?

Lon Ponschock (Wed Jan 02 12:59:12 2008)
You're way off base Lon. The "parasites" you reference are the foundation of this state's economy. Protecting business from overreaching activist judges is critical. Yes, consumers must be protected. But when the regulatory and litigious atmosphere swings to corporations (or individuals) being unduly held responsible for actions outside of their control, the economy will be (and has been, in some cases) stifled. And liberals need to figure that out. When more and more corporations leave the state, who will employ Wisconsin residents?

Jo E. (Wed Jan 02 13:18:01 2008)
Jo,
You really should have a forum set up on here for these exchanges so that replies can be fully formed. There's free software for that I think.
My reply,
Day after merciless day, Fox Politics News section contains stories of takeovers at paper mills. Over the holiday there was another one.
And stalwarts like Land's End is one of the Sear's-owned Wisconsin based businesses who don't pay any WI taxes.
So my criticism is aimed at all those liberal types as well who want to dress their children and grandparents in denim and corduroy (to paraphrase David Sidaris.)
I stand by my use of "parasite" to any company that withdraws money from a community and avoids, by all those precious legal means available, their fare share of the community service load. Need I mention Walmart? I hope that by now even FP readers are aware of the destructive nature of the Blue Light Special.
Even the argument of 'who will employ the populace?' is late in the day. The barn door is open, the horse is gone.

Lon Ponschock (Wed Jan 02 15:43:09 2008)
Lon, you can quote pejoratives all day. Because of the array of corporate taxes and tax methods in different states, The Tax Foundation uses a tax/capita measure to compare states. The most recent figures they're quoting in that regard are from 2004, when corporate tax collections were $124 per capita, which ranked 11th highest nationally. Again, the goal of corporate tax policy is to maintain a balance - paying for public services and at the same time, encouraging corporations to come to, and to stay in, Wisconsin.

Jo E. (Wed Jan 02 16:08:13 2008)
I may only be one of FP's ignorant readers but even I know that the "blue light specials" were the piece de resistance of K-Mart; not Wal-Mart. It's always best to keep your greedy corporations straight.

C.R. Stevenson (Thu Jan 03 13:08:41 2008)
C.R.: I love it. Exactly right on. Great catch.

Jo E. (Thu Jan 03 15:39:00 2008)
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