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Campaign Crawlers

Wisconsin’s Supreme Moment

Unions look to “get even” in tomorrow’s election.

Wisconsin’s public-sector unions hope to exact revenge against Gov. Scott Walker in tomorrow’s supreme court election for passing legislation curtailing their collective bargaining rights.

The law currently under court injunction — inevitably will find its way before the state’s high court, and many observers on both sides of the issue see the election as a referendum on how the court should rule on the law.

Most judicial races go largely unnoticed, but unions and other liberal groups have sought to capitalize on anger over the collective bargaining law to oust incumbent Republican Supreme Court Justice David Prosser and “get even” with Walker this year. Who wins or loses will decide the makeup of the Wisconsin supreme court for the next decade and whether it has a conservative or a liberal majority.

Prosser’s opponent Democrat Anne Kloppenburg, a state assistant attorney general, has implicitly signaled her willingness to vote in favor of the unions should she topple Prosser.

“This is for all the marbles,” Charlie Sykes, a prominent conservative talk-radio host in Milwaukee, told National Review. “Scott Walker could survive losing the state senate. But it would be devastating if he were to lose in the supreme court. If Prosser loses, almost everything that Walker enacted could be overturned.”

Conservatives currently hold a 4-3 majority on the Wisconsin high court, and a letter from a Milwaukee American Federation of Teachers local declares “a Kloppenburg victory would swing the balance [on the court] to our side. A vote for Prosser is a vote for Walker.”

And the liberal Greater Wisconsin Committee has sought to drive this comparison home on its Prosser Equals Walker website, noting that Walker and Prosser voted the same way 95 percent of the time when they both served together in the state legislature in the mid-1990s.

Unions have charged that Prosser, who has served on the court since being appointed by former Gov. Tommy Thompson in 1998, has politicized the court by ruling against union interests and in favor of business.

“Prosser’s rulings as a justice clearly show his commitment to Scott Walker’s brand of scorched-earth politics against working families,” Stephanie Bloomingdale, says secretary-treasurer of the Wisconsin State AFL-CIO.

Pro-Prosser forces conversely have sought to paint Kloppenburg as underqualified for the state’s highest court because she has never been a judge, but their advertising has failed to keep her from gaining on the incumbent in the polls.

Close polling is never good for an incumbent state supreme court justice going into a retention election, considering that most incumbents usually coast to easy re-elections.

Conservatives worry that a Prosser defeat will result in a more activist, left-wing court. Indeed, prior to 2009 it was among the country’s most liberal court.

A spokesman for the pro-Prosser Wisconsin Manufacturers & Commerce (WMC) described the current conservative plurality on the court as a “rule of law” majority that could be set aside should Prosser lose.

A liberal court led by Chief Justice Shirley Abrahamson likely would block Walker’s effort to curtail union power or to preserve the tort-reform legislation he signed earlier this year. Abrahamson has a history of opposing tort reform, such as in 2005 when she voted with the majority to overturn the state’s non-economic malpractice liability cap by a 4-3 margin.

“Not only are public-employee unions attempting to choose their court, they are doing so by making an electoral issue of the very matter that the court will be asked to decide. There are reasons that we don’t hold votes on pending court cases,” Marquette University Professor Rick Esenberg writes in National Review Online. “They are rooted in due process and the rule of law. But in a world that chooses ‘any means necessary,’ these are mere inconveniences. It is time, after all, to ‘get even.’”

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About the Author

John Rossomando John Rossomando writes for the Daily Caller and such publications as CNSNews.com, Newsmax, and Crisis Magazine.

Letter to the Editor View all comments (31) |

Bill Hussein O'Stalin| 4.4.11 @ 7:17AM

If the Wisconsin union forces win, then many businesses and individuals will see the handwriting on the wall and leave the state and soon they will share in a form of socialist prosperity like they do in Detroit, i.e. houses for $100 because the city was destroyed by liberalism.

saleboter| 4.4.11 @ 7:37AM

Why doesn't anyone mention that if the unions win everyone's taxes will go up.

Lullabys, Legends and Lies| 4.4.11 @ 7:56AM

I guess the Teachers of Wisconsin will be calling in sick again tomorrow, so they don't miss the vote? It's going to be forced, 100% Union participation, like it or not. But remember, "It's all about our Children's future, and my great retirement package, so save the Children, so they can pay for my benefits when they graduate, somebody has too".

Wisconsin has come to a fork in the road, and I hope they don't make the same choice as some of the other Democratically controlled States have, Tax the Rich, grow the Government, and force Business's out. The Government Unions are one of the biggest problems out there, and letting them win anything, or get more powerful, is a loss for everybody. I pray for these Union folks tomorrow as they vote, I hope they're thinking about their kids, instead of their retirement as they pull the lever. I'm not feeling optimistic about this one, but I haven't abandoned hope yet.

Larry| 4.4.11 @ 7:57AM

These union moochers will never understand that they don't have the right to leach off of people for their entire lives. I'm sick hearing how this is destroying the middle class. Who do these clowns think pay the taxes that give them incredible salaries and benefits that most people dream about?

Here's a good one: I heard today that toll takers in New Jersey earn an average of $65,000. Can you imagine that for a job where you sit on your ass all day, make change and perhaps answer a few questions? If there was a ever a $3.00 an hour job, being a toll taker is it.

Bill Hussein O'Stalin| 4.4.11 @ 8:19AM

In honor of your post I coin a new political class, those of the intelligent high paid ass class.

Redstateboy| 4.4.11 @ 8:49AM

and they've lousy attitudes on top of it!!

crooked wren| 4.4.11 @ 9:02AM

If the taxpayers in Wisconsin don't get out there and vote for Prosser, well, their getting what they deserve, aren't they?

At least, at the state level, they can vote with their feet if the Unions and Progressives and Leftists win.

Still, it will be a huge blow to the country.

Pray for a Prosser victory, folks.

Bradley Poogna| 4.4.11 @ 2:44PM

This election should NEVER been a part of this process; but it clearly shows the lengths the communistic dems/union bosses will go to destroy the rule of law in what's left of America. The dems lost the election last November; but we can all understand now that they will destroy ANYTHING to get their way. Democrats make me sick and nauseated to know that they are getting away with their criminal agenda right out in public. I am reminded of Thomas Jefferson's words several times per day: "From time to time the Tree of Liberty must be refreshed by the blood of TYRANTS." (Yes, he wrote "Patriots", but the 'tyrants/traitors/criminals' are the ones whose blood needs to be shed. we've put up with their crap long enough!)

We'd all better understand that this IS World Warn Four; just after World War Three which is the loss to Islam brought about by the same left wing forces that have made every single event just another democratic opportunity to flaunt the law and the American people. It is over; convert your assets to almost any foreign currency; dust off any useful skills you have, and get out while you can.

America is Germany in 1933; brought to us by the truly criminal democratic party and their minions in academia and media. Combined with the apathy and general stupidity of the American electorate; and the "quaint" hopes of the GOP that the rule of law still exists and that elections matter; the struggle is over and freedom has lost. Democrats, and their pets in the public unions demonstrate their evil intentions and abject stupidity every day. What is worse, not one of the thousands of people I know in nearly 80 countries has any faith in America. As far as they are concerned, we have thrown in the towel.

The dems have said it themselves publicly: "It's time for some blood in the streets." While I'm praying for an unexpected spark or intelligence on the part of Wisconsin voters, don't bet the farm on it. Start making your plans for your own preservation because we're all going to need it.

spoofproof| 4.4.11 @ 10:08AM

There is a distinct difference between the majority of citizens in the original 13 colonies and the citizens in today's United States of America. Most of the Originals believed in G-d and trusted in G-d's Providence. Our founding documents give high praise to the Master of The Universe. Many citizens today despise the very thought of "god" and believe only in man-made government. Man-made government has never worked for long. History proves it.

LORD! Have mercy on the citizens of Wisconsin!

No No bomba kare| 4.4.11 @ 3:42PM

Amen, and amen. God have mery on America.

Citizen Jerry| 4.4.11 @ 10:12AM

Of course this is all about getting even. Democrats believe the natural order of things is for them to be in power and lording it over the groundlings for the rest of forever. Anyone daring to upset that order must be destroyed.

Thomas| 4.4.11 @ 11:45AM

When the Governor and the Republican legislature "got even" with the public sector unions that supported Democratic candidates, in general, and Governor Walker's opponent in particular, that seemed to be alright with many people. Now that the public sector union members may be "getting even" with the Republican Party in Wisconsin, these same people feel this is wrong. Political partisanship and political payback is the wrong way to represent the people. But, if one side practices it, then they can't really criticize the other side for doing it.

The Governor and the Republicans got their way. Now the Law of Unintended Consequences has reared its ugly head. And the Republicans may end up losing far more than they thought they had gained. This should be interesting.

Mark| 4.4.11 @ 12:03PM

So in otherwords as it was once said "Kings and pawns, Emporers and fools." Or better yet, "The Ends justify the means?"

Mitch Angoop| 4.4.11 @ 2:47PM

No, jacka$$; THE DEMOCRATS LOST THE ELECTIONS! Can you understand that? But, democrats will never play by the rule of law unless it benefits them. The democratic party is just the public manifestation of organized crime in the remnants of the United States of America; R.I.P.

Doctor Right| 4.4.11 @ 11:59AM

In an election, the people get what the people deserve.

If they want rule by the liberal-left and radical union bosses in Wisconsin, they will surely get it.

As for me, I'm at a loss to understand why anyone who voted for Scott Walker, who did EXACTLY what he said he was going to do when campaigning, would now vote against Prosser...

I agree with a previous post-er; if the Left wins this election, and Walker's Law is shot down in the courts, look for an exodus of businesses from Wisconsin to friendlier states.

The Left are greedy, selfish, and dumb; they can always be counted on to kill the Golden Goose.

Stormy| 4.4.11 @ 12:31PM

Campaigning on how a judge would vote on a pending case is judicial malpractice. Judges selected by popular election is a poor way to find judicial excellence. But, the people of Wisconsin will get what they deserve. If they vote for the unions, Wisconsin will see the day when they have the same problems as California and Illinois. Eventually, there is not enough of other people's money to tax.

Wayne | 4.4.11 @ 12:42PM

I would guess that a FleeParty win would in the end be their loss. They are now exposed. If you are not part of the union collective why continue to live in Wisconsin?

TLS| 4.4.11 @ 12:43PM

All current issues aside, judges shoudn't be elected. This is what the legislative branch is for. The balance of power in Wisc is all kind of messed up.

Indy| 4.4.11 @ 1:15PM

If anyone has time and would like to make calls to help get the vote out, go to website www.voterneighbor.com where people can make calls from. You click on the "Get Started" icon, and fill out the necessary information (choose one of the Prosser campaign codes). This election impacts much more than WI.

Oldefarte| 4.4.11 @ 1:46PM

John's excellent editorial illustrates a crutial test for Wisconsin; since its voters replaced Democrats with Republicans in November of 2010 with the supposed mandate for Walker etc to govern as he/they have now done. If their voters turn around now and don't support Plosser for their SC, then these Wisconsin voters have defeated themselves. They have to support Walker and the R's by electing Plosser, otherwise Wisconsin will return to it's liberal/Democrats/unionist ways. This election is huge, as John implies!!!!!!!!

Doctor Right| 4.4.11 @ 3:24PM

What will all the Union thugs do for $$$ when the state economy collapses? Who will they intimidate then?

Idiots.

Fredrick Ward| 4.4.11 @ 3:47PM

What the average public union worker doesn't understand is that when everything comes to a head they will be the first to feel it. When that happens we will truly see how much they care about the children they post on billboards so often. They will be the first rioters in the streets.

Anthony| 4.4.11 @ 4:22PM

This election in WI is just another example of how rotten the left is, and how low they will go in order to prevail.
The left will resort to any tactic to maintain its death grip on America, as they have already shown in WI and Washington. Nothing is valid, unless it goes the way the left wants it to go.
No rock is left unturned. Nothing is sacred, every lie and dirty trick is played, as the ends justify the means.
I'm afraid this battle will not be won at the ballot box. I don't see how this plays out any other way, short of violence. I think we are kidding ourselves if we think we can preserve our Constitutional Republic and the left will finally admit defeat.
It's gonna get ugly, sooner rather than later, each day it builds more and more.

Mitch Angoop| 4.4.11 @ 5:02PM

One does not have to be a historian to see that this country is closer to an insurrection than at any time since 1861. The majority of Americans who believe in the rule of law are disgusted with the democrat thugs and criminals. It is going to take only one spark; probably in some place nobody expects; and the whole thing will go up in flames. Do not be surprised at the amount of blood that will spill; and, as long as the democrats and their criminal allies continue thumbing their noses at the law and the people; the explosion just gets more and more inevitable. What is worse, where the blood is shed the most will be those places that deserve it the least.

The democrats are blissfully unaware that millions of Americans hold them personally responsible for the loss of the greatest institution in human history; the United States of America; and will savor every horrible thing that happens to the criminal dems. Be very afraid.

SamK| 4.4.11 @ 4:47PM

You know what ticks me off? The morons who voted for Democrats will soon flee the Democrat run state as it turns out like every other Democrat run state - unlivable - and move to my state and vote for more Democrats.

They really are stupid.

Sacramento Bankruptcy Lawyer | 9.26.11 @ 4:10PM

Yup, absolutely stupid!

Nite| 4.4.11 @ 10:37PM

Expect the election tomorrow full of voter fraud. Democrats excel in this regard. Apparently, the union workers don't seem to understand that if this law fails, then thousands of them will be laid off. The state is nearly broke. The behavior of the public workers unions have been appalling in Wisconsin. The individual who issued death threats to the Republican legislature, is a teacher of early childhood development. Would you want this woman teaching your children? I sure wouldn't. The Fire and Police unions threatening banks and other business, the Police not responding to calls from banks, when protestors invaded and caused problems. People in these unions responsible for all of these issues, should be fired. I have no sympathy for any of them.

niteowl| 4.4.11 @ 11:12PM

Let's see how many dead union workers vote. How many will be bused in from these United States. Wisconsin voters will get what they deserve.

Brian| 4.5.11 @ 1:21AM

I've maintained from the beginning, the leftist establishment will toy with Gov. Walker for awhile then throw him in jail as a warning to all those that dare challenge their iron fist rule.

Christian Louboutin | 6.23.11 @ 5:50AM

The law -- currently under court injunction -- inevitably will find its way before the state's high court, and many observers on both sides of the issue see the election as a referendum on how the court should rule on the law.

Creative Recreation | 8.10.11 @ 10:55PM

is good

More Articles From Campaign Crawlers

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