The Capital Times has never been considered a reputable news source, but this latest entry is particularly irresponsible.The article begins: “If there was any question as to where newly elected Wisconsin Supreme Court Justice Michael Gableman stands on abortion or, for that matter, on a host of other social issues, his choice of attorney should provide some clues.”The attorney at issue is James Bopp, Jr., of Terre Haute, Indiana. You know, the attorney who successfully argued to the U.S. Supreme Court that some of Minnesota’s restrictions on judicial campaigns violated the First Amendment. Bopp also represents Milwaukee County Circuit Court Judge John Seifert in his challenges to some Wisconsin limits on judges, and has a national practice in First Amendment litigaion.It is self-evident to responsible people that, when a person wants to mount a constitutional challenge to long-standing statutes or rules, you go with someone who has a proven track record.Thus, if you wanted to challenge a gun control law, hiring the attorney who won the Heller v. D.C. case earlier this year would be a good idea; if you wanted to raise a Confrontation Clause issue or a challenge to the sentencing guidelines, it would be a good idea to hire the attorney who won the landmark Crawford and Booker cases (same Washington attorney); if you wanted to challenge a state’s regulation of alcohol as a violation of the dormant commerce clause, you’d hire the attorney who successfully challenged New York’s restrictions on out-of-state wineries.And if you want to challenge a state’s restrictions on judicial campaigns on First Amendment grounds, you hire Mr. Bopp. To read any more into that decision is an irresponsible attack not just on Justice Gableman, but the judiciary generally, and indeed, the constitutional right of all citizens to obtain the counsel of one’s choice.http://www.madison.com/tct/news/316003
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November 27th, 2008 at 11:55 am
oops. that should say “blakely,” not booker.
November 28th, 2008 at 9:47 am
So a Wisconsin attorney is not good enough for Gableman? Atty. Bopp has a clear track record of extremism. Neither he nor Mr. Gableman care about the people of Wisconsin or it’s legal system. Both these men are part of a dying party in America, one that should die for its extremist positions which exclude a majority of our society. No, I would say the Cap Times article is just as on point and fair and balanced as any Wisconsin law Journal article. Gableman can hire any one he wants. When he hires an out-of-state extremist with a right-wing agenda, it’s totally fair to point it out. Who you hire reflects on who you are, especially when you can afford anyone.
November 28th, 2008 at 10:16 am
of course, its fair to point out who he hired, and who that attorney has represented in the past. that doesn’t make it acceptable, especially in an article that purports to be news, to suggest that indicates how a judge will rule in cases before him. that is an attack on the independent judiciary.
December 2nd, 2008 at 12:44 am
Robert, did you even bother to read David’s post? His point was fairly simple. The Cap Times ran a story implying that the only reason Justice Gableman hired Mr. Bopp was because he possibly agrees with him on certain political issues. It fails to note Mr. Bopp’s national prominence with respect to judicial campaign cases. So either the Cap Times is so lazy in its reporting it can’t undertake some basic research in order to understand Mr. Bopp’s background and at the very least outline possible reasons why Justice Gableman hired him or they are simply incapable of fairly reporting a news story regarding any conservative figure.