The Wisconsin Supreme Court 2008
What is at Stake for Wisconsin?

EXCLUSIVE VIDEO – Prof. Rick Esenberg Explains What’s At Stake

In April, Wisconsin will determine who serves on the Wisconsin Supreme Court. In recent years, the Wisconsin Supreme Court has come under fire from the business community, editorial writers, and legal scholars for its activist rulings expanding civil liability and criminal rights. The Wisconsin Supreme Court overturned caps on medical malpractice awards, made it easier for plaintiffs to win a punitive damage award, and expanded a risk contribution theory for paint manufacturers. In addition, the court has issued rulings expanding the rights of criminals beyond the rulings of the U.S. Supreme Court.

Much of the activist flurry occurred after Justice Louis Butler joined the court in 2004. His appointment shifted the ideological balance on the court to create a 4-3 activist majority, experts agree. Butler, a member of the activist majority, faces voters in April. He is being challenged by Burnett County Circuit Court Judge Michael Gableman, a long-time prosecutor who is opposed to judicial activism.

Professor Rick Esenberg, of Marquette Law School, sat down for a candid conversation about the direction of the Wisconsin Supreme Court. Esenberg, a magna cum laude graduate of Harvard Law School, provides keen insight into the activist direction of the court and what it means to Wisconsin. Esenberg was not compensated for his remarks and his comments are intended solely for public education. The views expressed are his own and do not necessarily reflect those of Marquette University, its faculty or its employees.

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

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)

RESOURCES:

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)

Cheesy Judges (The Wall Street Journal)

Cafeteria Constitutionalism (The Wall Street Journal)