Wisconsin Supreme Court Unbound: An Activist Majority in the Balance
Supreme Court 2008 Briefing Center

Wisconsin Supreme Court Unbound: An Activist Majority in the Balance (.wmv file)

The Wisconsin Supreme Court took an activist turn after the 2004 appointment of Justice Louis Butler to the High Court, experts agree. Watch the new WMC video for a full briefing on the issues relating to Butler and the Supreme Court.

In 2005, the court began an activist flury of rulings -- striking down liabililty limits and expanding the rights of criminals.

The Butler appointment established a 4-3 activist majority on the High Court, which has gained a national reputation for striking down duly enacted laws and creating new law.

The Judicial Evaluation Institute (JEI) has conlcuded that Butler has the second worst record on expanding liability in split decisions studied by the JEI, which is a research affiliate of the U.S. Chamber of Commerce.

Butler was appointed to the Court by Governor Jim Doyle in August 2004, after mounting an unsuccessful campaign to defeat Justice Diane Sykes in April of 2000. In that election Justice Butler received 34 percent of the vote, losing in all 72 counties including Milwaukee.

Burnett County Judge Michael Gableman was appointed to the bench by former Governor Scott McCallum. He won the seat with 78 percent of the vote in 2003. He was previously appointed a district attorney by Governor Tommy G. Thompson in Ashland County and won election to that post.

Gableman is a judicial traditionalist, who believes courts should defer to the Legislature on public policy. Gableman has said he would follow in the traditions of former Justices Diane Sykes and Jon Wilcox.

Brochure Wisconsin Supreme Court Unbound: An Activist Majority in the Balance, full format 11x17

Brochure: Wisconsin Supreme Court, Butler and Gableman on Issues (side-by-side) (PDF file)

Wisconsin Supreme Court Unbound: An Activist Majority in the Balance (.wmv file)

Wisconsin Supreme Court Unbound: An Activist Majority in the Balance (.mov file)

Please watch the video, and email this link to others.

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RESOURCES:

A Majority in the Balance (YouTube video)

Prof. Rick Esenberg: The Wisconsin Supreme Court, A Court Unbound (YouTube video)

Prof. Rick Esenberg: The Wisconsin Supreme Court, A Court Unbound (.wmv) (Large File 24 MB)

Prof. Rick Esenberg: The Wisconsin Supreme Court, A Court Unbound (.mov) (Large File 22 MB)

The Federalist Society » Publications - A Court Unbound? The Recent Jurisprudence of the Wisconsin Supreme Court (Prof. Rick Esenberg)

Prof. Rick Esenberg: Wisconsin Supreme Court Activist Versus Restraint (Wisconsin Interest)

Justice Butler Earns Low Rating for Liability Expansion (Judicial Evaluation Institute)

WMC: Civil Justice

Wisconsin's Activist Court Draws National Attention: A Complication of Clips from The Wall Street Journal

Wisconsin's Judicial Revolution ( The Wall Street Journal -- April 5, 2008)

The Wisconsin Tragedy ( The Wall Street Journal -- April 3, 2008)

Wisconsin Bar Brawl ( The Wall Street Journal -- March 24, 2008)

Cheesy Judges ( The Wall Street Journal -- April 21, 2007)

Cafeteria Constitutionalism ( The Wall Street Journal -- February 24, 2007)

Unmade In Wisconsin ( The Wall Street Journal -- January 28-29, 2006)

Eat Paint, Get Rich ( The Wall Street Journal -- January 19, 2006)

Not Wisconsin South ( The Wall Street Journal -- August 15, 2005)

Alabama North ( The Wall Street Journal -- August 9, 2005)