H -°, L 7° | Tomorrow: 
H 17°, L 4°Democracy took a big hit last week here in Wisconsin. While I vehemently disagree with U.S. Rep. Jim Sensenbrenner, R-Wis., on most issues, he made a great point last week regarding U.S. Sen. Russ Feingold’s, D-Wis., and U.S. Sen. Herb Kohl’s, D-Wis., decision to nominate former Wisconsin Supreme Court — and current University of Wisconsin Law School professor — Louis Butler to the vacated seat on the U.S. District Court for the Western District of Wisconsin. Butler has since been appointed to the seat by President Barack Obama.
In a press release issued on Oct. 1, Sensenbrenner stated: “I’m disappointed in the process the Obama Administration and Wisconsin’s two Senators took in the nomination of Louis B. Butler to serve as U.S. District Judge for the Western District of Wisconsin. The fact of the matter is that Mr. Butler lost a statewide election, held by the people of Wisconsin, to continue serving on Wisconsin’s Supreme Court. Now, the man who was voted off the bench in Wisconsin is being given a promotion, a lifetime appointment and a pay raise. The people of Wisconsin deserve better.”
Butler, as many of you know by now, was booted from the Wisconsin Supreme Court in the spring elections of 2008 by current Justice Michael Gableman in an increasingly controversial victory. Reflecting the ridiculousness of “campaign season” as a whole, Gableman’s campaign team produced a television commercial claiming Butler, in his days as a public defender, “worked to put criminals on the street,” including a child molester.
Basic fact-checking showed this to be a patently false statement. But campaign season, as President Obama stated during the run-up to his 2008 victory, is the “silly season.” At their core, campaigns are dishonest, deceitful and manipulative.
Intelligent, well-informed voters don’t take campaign ads seriously. They look into issues, choose which candidate best reflects their values and ideology, and then proceed to vote for that candidate. Campaign ads then, as with all political PR, are aimed at the ignorant, poorly-informed voter. This voter is easily manipulated by slime and takes campaign developments seriously, as if they are big news events or groundbreaking political developments.
Since this is what campaigns are all about, Gableman’s campaign team had every right to put out a misleading ad — because frankly, this type of shit happens all the time.
Tell me: Was Gableman’s sin any worse than John Kerry being “swiftboated” out of his White House bid in 2004 by George Bush? Or how about John McCain affiliates scaring people enough to believe that Obama was a “terrorist” and an “Arab?” Of course not.
So what right does the Wisconsin Judicial Commission have to issue a lawsuit against Gableman for lying in a campaign ad? Lying is commonplace in every campaign, and therefore this lawsuit is a waste of all of our tax dollars. Gableman earned his seat on the Wisconsin Supreme Court just as much as anyone else who spends scores of money on attack campaign ads and wins elections.
The Gableman “scandal” is directly related to Feingold’s and Kohl’s appointment of Butler to the U.S. District Court. It’s revenge, in other words, served up by the state’s top Democratic hit men.
But it was the will of the people, no matter how flawed the system, through which Gableman won the election. Like it or not, he was the man that people who actually showed up to vote in spring 2008 chose as their Supreme Court Justice. If the average person didn’t take the time to do some fact-checking on Gableman’s claims, something Gableman was banking on, that is their own fault, not Gableman’s. Gableman was simply playing the slimy campaign game. Don’t hate the player, hate the game.
So as an electorate, we were all slapped in the face when Feingold and Kohl nominated Butler last week, and when Obama approved the decision, now leaving it up to the full U.S. Senate body for approval. He was defeated in an election decided by the people of Wisconsin. And lest we chalk this development up merely to Butler’s qualifications, note there were plenty of other qualified individuals on the original list presented to Feingold and Kohl, including UW Law School Professor Anuj Desai.
At the end of the day, choosing Butler was a quid pro quo political gift from Feingold and Kohl, democracy took a hit here in Wisconsin, and we should all be outraged.
Steve Horn ([email protected]) is a junior majoring in political science and legal studies.
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Yes. He was defeated for election to the Supreme Court. Does this mean that he is somehow eminently unqualified to act as judge? I think not. Few people understand law, and even fewer understand the art and science of the judiciary.
I don’t see how “democracy took a hit here in Wisconsin.” We don’t vote for our federal judges, and simply because he lost reelection to the state Supreme Court does not me he isn’t fit to hold other judicial positions.
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I completely agree with the previous statement that simply because he lost election does not mean that he is somehow unqualified to serve as a federal judge. Perhaps (and maybe likely) politics were involved, but that we should be “outraged” by our Senators nominated someone who lost an election is irrational.
Furthermore, the “slimy” political campaigns that Mr. Horn seems so passive-aggressively indifferent to are the precise reason why many in the legal community support nomination rather than elections of judges. We are supposed to believe, or at least pretend, that the judiciary is not a political entity. To hope to elect non-partisan judges through a partisan process is, again, irrational. (Again, politics is always in play with appointments as well, but its easier to drag people through the mud with the general electorate through local campaigns than with our reps.) However, that is how things go here in Wisco. So perhaps we should appreciate, even if we aren’t fond of the Senator’s pick, that a judge can continue an impressive career despite a slimy dishonest campaign.
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Gableman’s campaign proved that the masses should not have a role in as technical an issue as the judiciary.
I have a hard time seeing how “The People of Wisconsin are Dumb” should mean “Butler is horrible”
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Way out of line, Steve
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IM OUTRAGED STEVE WHERE CAN WE MARCH!!!!!!! Did you write this in 20 minutes to make a deadline? Way to lower the seriousness of campus discourse.
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“John Kerry being �swiftboated� out of his White House bid “
There’s still big money to be made if you can prove that anything reported by the Swift Boat vets was untrue.
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Steve,
Why would you write something as bad as this article? What this article should be about is how a good judge got another job, because a shitty one took it from him. I don’t mind lies in partisan political elections, that’s what they are there for… but if we are going to elect judges, the only thing I want to see are their resumes. It is a slap in the face to democracy that someone who has opinions as stupid as yours has the right to publish them.
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“Intelligent, well-informed voters don�t take campaign ads seriously. They look into issues, choose which candidate best reflects their values and ideology, and then proceed to vote for that candidate.”…
Well Jesus Steve, if a voter is so easily manipulated by these ads, I don’t think they are nearly intelligent enough to have any idea that they just got slapped. Be sure to let them know for me! The best way to do that would probably be by putting together some misleading information and presenting it as true, since it worked so well in the election. Hold on! This article is exactly the misleading tool that you need. Damn, when did you get so smart?
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Aw, poor widdle Republicans spend millions of dollars to buy a 4-3 on the Supreme Court with racist and unethical campaign ads. Oh, and the “judge” they ran is too stupid to pass the first year of law school at any reputable university. Go listen to oral arguments sometime; the Supreme Court is open to the public. Gableman is a disgrace.
All I hear a bunch of WHAAAAAA WHAAAAAAA from Republicans and Republican Party fronts.
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Question for Steve: In what universe does someone who is a UW undergrad and a poly sci/”legal studies” major think it is a good idea to write an inflammatory political hit piece on a famous respected alum and faculty member of UW Law School?
Seems like a spectacular way to improve your admission chances to me.
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Regardless of the ideological debate with the author (I guess attack is more applicable), I also find the issue of him being defeated in the popular vote and then promoted through appointment to be interesting. Not necessarily wrong, but interesting. Thanks for pointing it out, Steve!
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I don’t know if anyone here knows much about the law school process, but gableman went to Hamline, a 3rd/4th tier diploma academy in Minnesota.
This is basically the DeVry of Lawschools, and having him on the supreme court reflects incredibly poorly on our entire state.
Gableman isn’t fit to shine Butler’s shoes.
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This article makes me wonder if the poli sci dept actually teaches undergrads. Badger Herald: how could you let something SO BAD go to print? Steve Horn, I recommend with all due respect that you retire from writing after this monstrosity.
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@9:16
The Badger Herald has had some really bad editorials recently. There was the disgusting and irresponsible sex column they sent to incoming freshmen - BE PROMISCUOUS, ENGAGE IN PUBLIC SEX; there was at least one editorial mocking swine flu and now they run this badly framed political attack piece. I’m sure I missed some.
Are they taking editor/ombudsman applications? Because it seems like they don’t have one.
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So what you’re saying is that Butler should be denied a seat on the federal bench because he campaigned honestly and only liars should be judges?
When did the contest for stupidest editorial begin?
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“Lying is commonplace in every campaign, and therefore this lawsuit is a waste of all of our tax dollars.”
Did this guy really just write that?
Is this piece intended as a joke because it is funny in its ridiculousness.
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Mr. Horn apparently missed the part of “legal studies” regarding legal ethics rules versus lay political rules.
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Steve, You are way out of line. Loses a judicial election does not bar you from any future judicial position. Why would you write this article? And why would the BH publish it…
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Not outraged. Pathetic editorial. If the Gableman was nominated to federal court, then I’d be outraged.
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Look I see what some of you are saying-just because Butler lost one election does not mean he is automatically disqualified for an appointed position- and that is a valid point. But that is not what Steve is suggesting; what he seems to be saying isn’t that he is disqualified, but rather that the gov’t is showing a complete disregard to what the voters said. Regardless of why they voted the way they did, the fact is, they did! Butler lost, because the people said they do not see him fit to be their judge. To then appoint him to a similar/ higher role, is deff. legal, but not in the spirit of democracy. Furthermore, the people who are just bashing Gableman should have spoken up during the election season; the dude won!
Steve presents a number of fair points-to call this a pathetic editorial is to not understand it
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No, the people said they did not wish to see him continue to serve on the Supreme Court. That’s all the election concluded. It was not a referendum on whether or not Louis Butler should be a judge, nor was it a referendum on whether or not Gableman should be a judge.
Federal judges are appointed. That is how it always has been. I don’t see how the “spirit of democracy” enters into the matter. Let’s look at a hypothetical example. Let’s say the county Coroner loses his bid for reelection. Should he no longer practice medicine/pathology/forensic medicine? His education and expertise remains the same, but he’s no longer Coroner.
Again, it seems that there is this very tenuous conclusion that says if you lose your reelection, you’re not qualified to continue in the same career path.
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This is an op-ed. He is allowed to have an opinion different to yours. Don’t attack the person, that’s ridiculous. If you disagree then disagree, but be respectful.
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Didn’t the people of Wisconsin elect the two Senators, trusting their judgment in making decisions like making nominations for federal judgeships? That sounds like democracy to me.
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The people of Wisconsin also voted for President Obama, entrusting him with the responsibility of appointed qualified judges to the federal bench.
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Re: 1:21 Anon post -
It is a pathetic editorial. It is by a poly sci/legal studies major that seems to be unable to comprehend either politics (the somewhat notorious and lingering circumstances of that election) or law (�Lying is commonplace in every campaign, and therefore this lawsuit is a waste of all of our tax dollars.�)
It’s doubleplus pathetic because the Badger Herald (a) decided to run an political attack screed on a respected UW faculty member and (b) didn’t insist on any level of competency from the writer whatsoever.
I’d also agree with the previous post that I doubt pissing off the law school is in the interest of this particular writer. But seeing as Horn proclaims himself a political expert, I’m sure he already knew how the whole issue is viewed up on Bascom.
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Steve way to go buddy! /barf You clearly wrote this editorial just minutes before it was due. The Badger Herald is to become the Daily Cardinal if people like Steve Horn continue to write such shit.
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so campaign lying is acceptable because of its pervasiveness but the quid pro quo is not acceptable?
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Letters Editor 6 & 7 Oct., 2009 Badger Herald RE: Insult Democracy Steve Horn’s “…insult to Wisconsin democracy” essay (B H, 6 Oct 09, pg 4) reminds one of the 2000 election results. On 16 Oct, 2000 Gov. Mel Carnahan (D-MO) was killed in a strange airplane crash. In November that dead politician defeated incumbant Sen. John Ashcroft (R-MO) for the U S Senate seat. In 2001 Resident Baby George Bush nominated that defeated Politician - John Ashcroft - to be U S Attorney General and 58 of his buddies in the U S Senate crowned him. Let’s compare: Defeated Ashcroft became lord over the entire “Just Us” department in all 50 states; contrasted with defeated Butler to become one of several judges over Western Wisconsin - less than half the population of just one state. It is easy to calculate that a single crime against Democracy and Humanity by Ashcroft and Bush was over 100 times worse than the crime of corronating Butler. Where were Steve Horn and Jim Sensenbrenner in Dec., 2000 when American Democracy got crucified by those 5 “Just Us”es on the US Supreme Court in Gore vs Bush ? The Crime against Democracy and Humanity by those five folks in black robes - installing DEFEATED Baby George as Resident of the White House - was more than 1000 times worse than the crime of installing defeated Butler. Ron Renkoski [email protected]
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Even if we buy your questionable premise that someone who loses an election cannot serve as a credible appointed leader of that constituency, you still have not established that this applies to the prospective Butler appointment.
As your first graf states, Butler is being considered for appointment to the WESTERN district of Wisconsin. This position does not have the same constituency as that which voted in the statewide election that he lost. At least do the math and see if the numbers support the notion that voters in the Western district decisively rejected Butler before making that assertion.
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You are a moron.
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You are a moron.
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it’s called slander, idiot. just because campaigns are dirty doesn’t mean that it’s okay or legal that “this type of shit happens all the time.” especially in elections involving judges, one would hope that the law is upheld. Gabelman is a total sleaze, and doesn’t deserve to be on the bench. Wisconsin voters’ intelligence notwithstanding, ads of this nature certainly impact campaign outcomes, just as in the examples that you mention.