"Nobody outside of a baby carriage or a judge’s
chamber believes in an unprejudiced point of view."
- U.S. dramatist Lillian Hellman
"It is the spirit and not the form of law that
keeps justice alive."
- Justice Earl Warren
"Never try to reason the prejudice out of a
man. It was not reasoned into him, and cannot be reasoned
out."
- English essayist Sydney Smith
A reader last week commented on my article regarding
the Wisconsin Supreme Court election. While I cannot
concur with all of his points, the reader is right that it
is the candidate who is running for election, not the
candidate’s family or associates.
I mentioned Justice Butler’s close family
relationship to a police officer who was killed in the
line of duty not to indicate his qualification for the
position, but as a small part of the rebuttal of attacks
made on Justice Butler that claimed he worked to free
dangerous criminals, and did not support law enforcement.
Under the circumstances of that outrageous slander
directed at Justice Butler, that brief personal fact was a
valid one to point out to readers.
It was also quite correct to point out that my
description of Judge Gableman as "a mediocre
third-stringer" was not substantiated in my article,
and was "an open show of bias." Mea culpa.
I never linger in the middle of the road or pretend to
be neutral. However, I usually indicate facts or
references that support and inform my writing. But with
regards to that statement, I did not. A column I submitted
before the election, but was not published in the News
Graphic, provided substantiation for my assessment. See:
www.clydewinter.word press.com/2008/03/27/louis-butler-v-michaelgableman/
In point number 7, Mr. Luckjohn said, "The failure
of both candidates to have any control over the ads that
were run was surprising since both of them specialize in
law." That sentence exhibited a substantial, though
understandable, lack of knowledge.
First, the very worst ad that was run during the
campaign (in fact, the very one mentioned in point 7) was
personally authorized and later defended by Judge Gableman.
So he did exert full control over that ad. (All other
questionable campaign ads were run by PACs or by phony
issue ad groups, not by the candidates’ official
campaigns themselves.)
Second, the law explicitly forbids candidates and staff
from coordinating with issue advocacy groups or
independent expenditure PACs that are engaging in election
activity. Had a candidate tried to exert "control
over the ads that were run" by PACs or phony issue ad
groups, he would have violated the law.
Candidate’s official campaigns in Wisconsin cannot be
funded by corporations since 1907 and by labor unions
since 1947, and are controlled by ethics and election
laws.
Corporations or labor unions can however, operate PACs.
PACs have to divulge their sources and amount of funding,
but are not subject to the same rules that apply to
candidates. The all but unregulated phony issue ad groups
can be formed by, and receive unlimited funds from, any
individual, association, or corporation, from anywhere,
and do not have to disclose who has formed or funded it.
This is the loophole big enough to drive WTO Panamax
freighters and NAFTA/CAFTA trains and semis through, side
by side. For example, an issue ad group calling itself
"U.S. Citizens for Freedom and Democracy"
anonymously organized and funded by corporations
headquartered in the Cayman Islands or Saudi Arabia, could
put up millions of dollars to discredit with falsehoods
and misleading statements Wisconsin candidates for public
office known to oppose slavery and child labor, or air and
water pollution.
These phony issue ad groups have increasingly dominated
recent Supreme Court elections. A good case can be made
they have already bought our Wisconsin judiciary.
Good sources for basic nonpartisan facts, definitions
of terms, and the history and future of campaign financing
and reform efforts in Wisconsin can be found here:
www.wisdc.org/wdcmoney101.php and http://www.wicleanelections.org/
Finally, despite all the unstated agreement, I find in
the other points made, I can not agree on Luckjohn’s
last point, scurrilously accusing Justice Butler of
supporting something he calls "the gay agenda."
Human rights and civil rights belong to all people.
Protecting those basic rights (not opposing "the gay
agenda" to someone’s homophobic satisfaction)
should be the first order of responsibility for any
Supreme Court Justice.
There is no need or justification for hatred, fear,
loathing, or condemnation of gay people. They don’t need
your or my unsolicited advice or correction. I am not
obsessed with them, as, sadly, some people appear to be.
We have all served and worked and prayed with gays. I
have known them as trusted friends, and am pleased to
share our country and this blessed planet with them.
I defend human and civil rights for all. If you can’t
bring yourself to do that, at least lay off the judging
and condemning.
Who should be casting stones, and where?
Don’t expect our judicial system to manifest your
bigotry. Instead, let us look deep and honestly inside the
hidden corners of our own hearts for something there that
finally needs spring cleaning.
Clyde Winter lives on the town of Cedarburg farm
founded by his ancestors in 1848. His "Hearts and
Minds" blog can be found at http://clydewinter.wordpress.com.