As a native of the great state of Minnesota, I have to say, I’m pretty happy with the Badger State these days. What’s more is that I’m particularly proud of Wisconsin politics in the wake of the most recent state Supreme Court race.
Seriously.
I know, I know, all you’ve seen and heard has indicated that nothing good could be drawn from the contemptible race between sitting justice Louis Butler and circuit judge Michael Gableman. And it certainly was ugly. Hell, even the wrong guy won. But there’s a silver lining to this mess, and it has to do with Wisconsin’s unique partisan tendencies.
By all accounts, Mr. Gableman was the conservative and Mr. Butler the liberal. Not so much because their ideologies or previous judicial decisions were aligned in such a manner — though they were, for the most part — but primarily because of the partisan support they received. Mr. Butler was the target of vicious attack ads from conservative interest groups, primarily Wisconsin Manufacturers and Commerce. Mr. Gableman was the target of attacks from liberal interest groups, primarily the Greater Wisconsin Committee and One Wisconsin Now.
Likewise, the Democratic and Republican parties of Wisconsin were major donors to the different campaigns. Though the state’s ethics code for judges virtually prohibits direct alignment with any political party, in most Wisconsin voters’ minds there might as well have been a “D” and an “R” next to the candidates on the ballot. Even the two candidates’ backgrounds lent to ideological stereotyping: Mr. Gableman is a white male from the small town of West Allis while Mr. Butler is a black man from Milwaukee.
The race was bitter, the race was decided wrongly, and above all, the race was extremely partisan. But the common misconception is that we’ve got it the worst here in Wisconsin — that our deep partisan divides in this state make the Supreme Court elections that much worse. On the surface, that may seem to be true. If Wisconsin were a decidedly “red state” or a decidedly “blue state,” re-electing a judge based on ideological tendencies would be infinitely easier and less controversial.
The current system of electing Wisconsin Supreme Court justices is extremely flawed and flies in the face of the most fundamental of judicial principles — the protectors of law should be beholden only to the law. But reform of the current system doesn’t appear to be in the cards any time soon, and while it remains as such, I couldn’t be happier to be in a state with a political ideology that is as diverse as it is unpredictable.
The primary reason political parties and interest groups have become so heavily invested in Supreme Court elections is because nothing is for sure in this state. This is the state that has been carried by a margin of less than 12,000 votes in each of the past two presidential elections. This is the state where the Republican Party was founded and the state that parades its progressive tradition. It’s the same state that produced Joe McCarthy and Bob La Follette, the state that produced Russ Feingold and elected Tommy Thompson to an unprecedented four consecutive terms in office.
The self-proclaimed function of the Supreme Court is to “ensure independent, open, fair and efficient resolution of disputes in accordance with the federal and state constitutions and laws.” By all accounts, our Supreme Court is not functioning with its intended purpose, and most of that can be directly tied to the system in which we elect our justices.
But the age-old adage that “politics is all that’s wrong with government” simply doesn’t hold true when Wisconsin elects its Supreme Court — as ugly as it gets, I’m afraid politics is the only thing that’s right.
Andy Granias ([email protected]) is a junior majoring in political science and philosophy.






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I think it’s great that you wrote an op-ed on this race that didn’t amount to a weepy call for public financing and bemoan the smear tactics used by both campaigns. However, while I agree with you that Wisconsin state politics are dynamic (we both know how boring it is in the land of 10,000 lakes), the extreme partisanship of this state can sometimes be just as tiresome, especially with the way the Supreme Court race was run. Butler was painted as an “activist” judge who would “legislate from the bench” and was soft on crime; Gableman ran purely on a law-and-order platform and the lefties were hell-bent on making him out to be a tool of corporate America. A lack of nuanced views, especially in races like this, makes people stop thinking - and that only makes politics worse.
Thank you for your candid acknowledgment that “even the wrong guy won”. Gableman has pretty much no redeeming qualities - not even the “tough on crime” reputation he purports to have. I am sad for Louis Butler.
It could be worse, but it still wasn’t great by any means. The guy whose campaign ran attack ads that were FACTUALLY INCORRECT and in some cases racially charged came out on top. As much as people complain about how they don’t like negative campaigning, there’s a reason politicians still do it - it works like a charm.
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Correction: West Allis is a working-class and increasingly racially diverse suburb of Milwaukee, not a small town. But Gableman definitely did boldly exploit both his own race and that of his opponent.
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One correction, the Republican Party as it was founded, and our Progressive tradition aren’t so diametrically opposed… Remember, this was the party of Abraham Lincoln and the abolitionists, not the current party of Bush and Reagan-worshipers.
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Governor Jim Doyle called the result of Wisconsin’s state Supreme Court election “a tragedy.” It’s surprising to hear how little he thinks of his constituents, who had the sense to depose one of the court’s ultra-liberal justices and in the process helped toughen the standards for judicial accountability.
http://online.wsj.com/article/SB120718259407085027.html?mod=opinionmainreviewandoutlooks
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2:21-
HackHackHackHackHackHackHackHackHackHackHack
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this article was pointless
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Old “Loophole” Louis was just too liberal.
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Your article is good but you missed some important points:
This supreme court race is where We The People judge the judges. Their records are fair game and open to question. Louis Butler was not a good candidate. He was soundly beaten by Diane Sykes ten years ago. Gov Doyle could have named a more moderate justice that was a swing voter in judicial decisions. Butler proved himself to be a liberal ideologue in some controversial cases. The Wisconsin electorate has rejected Butler twice.
Doyle’s words about Butler’s loss are a slur to the Wisconsin voters who elected Mike Gableman. Some governor… Doyle was campaigning for Obama instead of backing his candidates like Butler and Lena Taylor. A cabinet position is more important to him than Wisconsin.
Does it matter whether he used a black criminal in one of his ads? Would it make any difference if the criminal was a white guy or a Hmong? Gableman would have still won if he did not use the “Willy Horton” ad. The “Loophole Louie” ad did Butler in. Losers never are able to write history.
Predictably, the losing side wants reforms like a blue ribbon selection committee. Well who selects the committee and what is the criterion? I’ll go with We The People anyday. We live in a time of apathy where there is low voter turnout (20% in this case). And the Left wants to remove one more decision of the voters? To suit their sinister purposes?
We have the right to vote for or against any candidate for any reason. That is in our beloved Constitution. We also have a right not to vote.
Negative campaigning has a bright side in that it livens boring elections to get The People riled-up to the polls? What is wrong with that? Gableman portrayed Butler as a soft-on-crime bleeding heart liberal.
Democrats have long used the courts to advance a decrepit agenda that few people will voluntarily vote for. Think of the Massachusetts supreme court allowing gay marriage then wonder why the resulting backlash against liberal justices occurred. We conservatives are calling the liberal Democrats on the carpet and Butler lost. Next year the chief justice, Shirley Abrahamson will run for another ten year term. Her extremely liberal record will be scrutinized and I predict she will lose.
Ultimately, judges and justices are public servants and should be treated as such. Unfortunately, judges bring their personal biases into their decisions that have far-reaching results. They pay their fines to The People.
germantown_kid