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Irresponsible Journalism

By: dmc-admin//December 1, 2008//

Irresponsible Journalism

By: dmc-admin//December 1, 2008//

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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.


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