Kloppenburg vs. Prosser

Just another follow up on the op-ed pieces from the April 3rd Milwaukee Journal Sentinel Crossroads section: This time on the two pieces supporting Assistant Attorney General JoAnne Kloppenburg and Justice David Prosser for Wisconsin Supreme Court. Both of the articles (pro AAG Kloppenburg by Janice Eisen and pro Justice Prosser by Rick Ensenberg) portray the respective candidates as fair and impartial and independent…and of course their opponent as just the opposite.

I would expect anyone reading this blog is interested in this race. As the writers point out both the left and right have a vested interest in the race and believe their candidate will establish or preserve a liberal majority on the court. And I would expect that anyone reading this blog would also expect the next justice to rule based on the facts in evidence and in keeping with the law.

I have met AAG Kloppenburg once and heard her speak twice. In both instances she would only talk about her insistence on upholding the law and ruling based on law. She is very earnest and direct and unwavering in her belief in the law. I get the impression that she is sincere and believes in what she is saying. During question and answer sessions after her stump speech, she adamantly refused to discuss her personal political beliefs. She insists that such discussions are inappropriate for a judicial race.

She has obviously been able to work within the Attorney General’s office under a variety of circumstances, environments, and political poles. The ability to work with and under both Republicans and Democrats should serve her well on the court. Although she doesn’t have judicial experience as Justice Prosser of wont to point out at every opportunity (he didn’t either before his original appointment to the court), she does have extensive court room experience as the AAG, far beyond what Justice Prosser could originally lay claim to.

And of course since Justice Prosser is her opponent, the Democratic Party is solidly in her corner.

But I warn them…they might just get what they wished for…a straight laced, devotee of independent thought and rule of law. But that might not result in the consistent liberal majority on the court that they are expecting.

I haven’t had the opportunity to meet or hear Justice Prosser. One obvious reason is he hasn’t sought out the groups I generally hang with. OTOH, I haven’t pursued meeting him either.

Justice Prosser also wears the mantel of an independent voice on the court. But considering how hard the right is fighting to retain him on the court, that doesn’t seem quite that accurate. But it is hard to overlook his years in the legislature, particularly as minority leader and later as Assembly speaker, when he certainly worked to advance a Republican agenda in Madison. If he can now be non-partisan as a jurist, good for him!
As a matter of establishing Justice Prosser’s independence and commitment to rule of law, Mr. Esenberg suggests that “He led the fight against the court’s lurch to the left after the appointment of Justice Louis Butler…”. I am not sure that shows a commitment to rule of law as opposed to bringing a partisan agenda to the court.

Of course the matter of Justice Prosser’s civility continues to rear its ugly head during the campaign. I would expect a single outburst can be forgiven but shouldn’t be totally overlooked. It is Justice Prosser’s handling of the situation afterwards and ongoing during the campaign that has proved the most troubling. No apology to the Chief Justice, who certainly deserved an apology. No apology to the other justices on the court, who also deserved one for his disrespect for the court and its members. And certainly no apology to the citizens of the State of Wisconsin, who expect better of their Supreme Court Justices. Instead we get deflection after deflection, playing the injured party, and basically accusing a member of the court for goading him into over-reacting.

And apparently because AAG Kloppenburg has no judicial experience, we can’t judge her judicial philosophy, but somehow we know she is a political liberal. And although Justice Prosser has been on the bench for 12 years and Mr. Esenberg earns his living reading Supreme Court rulings, he can’t predict how he will rule. So you know what the opposition is but not the candidate you are supporting?

I have to commend both candidates for accepting the public funding for their campaigns. Unfortunately third party money remains unrestricted and we’ve seen more than our share of inaccurate and slanted advertisements supporting each side. Wither goes public financing in the future, hopefully whoever is elected can help us clean up the third party mess.

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40 thoughts on “Kloppenburg vs. Prosser

  1. We need independent, straight-laced devotees of the law as judges. Go Kloppenburg!

  2. But I warn them…they might just get what they wished for…a straight laced, devotee of independent thought and rule of law. But that might not result in the consistent liberal majority on the court that they are expecting.

    This is exactly why I’m voting for her. If the left or the right are in the wrong, regardless of circumstances the law should be upheld. I don’t want the blatant hypocrisy of Gableman’s ads being somehow all right while Kloppenburg’s are utterly horrible because she may not have the same perspective. I would love the money to be out of court races for good. Prosser, Gableman, Roggensack, and Ziegler don’t frustrate me because they’re conservative. They frustrate me because they’re all ethically challenged. Those four are who made controversial rulings once they had a majority voting in favor of Justices receiving donations from plaintiffs. I’m sorry, but this bothers me on many ethical levels and I think to many conservatives this should too.

    Despite what people think, Justice Crooks is not a liberal. Even if some people think that because they don’t agree with them. He’s an independent. In fact, right now as the court is split the way it is? It’s not 3 – 4. It’s 2 – 1 – 4. By bringing Kloppenburg into the picture, we are not making a majority rule where liberals own the entire state. We are simply evening the odds so that they have a voice again. 3 – 1 – 3 or 2 – 2 – 3 depending on how she will uphold the law in the future.

    Either way, I hope if she gets in she will help fix the mess that that the ethically challenged justices have created.

    1. I’d be happy with a Justice who’s truly impartial, even if that didn’t result in a liberal majority, because that’d be preferable to having an ideologue like David Prosser on the court.

  3. The fact is, Justice Prosser isn’t interested in being impartial. If he were, his campaign wouldn’t have come out and said Prosser would be a good “complement” to Gov. Walker and legislative Republicans if reelected.

  4. Justice Prosser has attended tea party events sponsored by the Koch Brothers. Enough said about how “impartial” he is.

  5. There is no one in this state the believes Kloppenburg is an independent. She is clearly an activist judge who will be a rubber stamp for unions and left wingers. This election is about one issue, will unions retain the power and control they have used for 40+ years to support the Democrat party? Will Wisconsin finally move forward or will unions continue to hold us back for another 10 years.

      1. in some cases. on average more so than abrhamson, who i also voted for. for me it comes down to competence, Prosser has proven that he is competent and for all the claims that he is impartial, none of the dispute has been on his decisions.

        Kloppenburg is probably more capable than say a gable man, but she fits the profile of a wildcard justice and that scares me. you don’t take the positions that she has taken both jobs and in court cases, unless you are extremely idealistic. I ve read most of her appellate and supreme court record, a lot of gov takings, but some of her positions would make a lot of people cringe. i.e. forcing a homeowner to rip off a deck after it was already legally built to comply with a dnr reg.

        frankly, given her experience as a dnr attorney we don’t know what her positions will be on insurance, or contract disputes. yet those cases make up a substantial portion of the courts calendar. perhaps she will be less result focused and ideologically than she has been as an attorney but i;m not one to take that bet.

    1. When AAG Kloppenburg gets sworn in and assumes her role on the WI Supreme Court…I’ll let you call her an activist judge if that’s what your little soul deems necessary…but until she’s actually a judge you are full of it.

      and please post a link to something other than a Justice Prosser campaign ad, site, etc…that QUOTES something the AAG Kloppenburg said that indicates her political beliefs?

    2. Ignore Notalib – He spends all of his time “trolling” on liberal websites posting Koch-inspired crap. My guess is that he is just another computer-generated “personality” programmed to spew rightwing nonsense on as many left-leaning websites as possible.

      If you’re interested, whenever he comes out from underneath his bridge, he spends a lot of time on the Huffington Post posting this kind of BS. I wonder how much he is paid for the effort.

      Hmmmmm. Maybe its actually a real person. Ya know, one of the Koch brothers taking a break from trying to take America back to the 1850s.

      1. The Huffington Post…OH please that is the last place I would ever go. I have never posted there and never will post there. There are two leftiwng sites I goto this one, I have come to respect Zach and a few of the others here even though we disagree on 99.9% and Caffientaed Politics because Greg’s site is just not always all political, other than that there is no liberal site out there worth reading, they all have the same stuff nothing original.

        So noce try with that borad paintbrush of yours but you are just a typical hater and needed to fill like big man on campus by “exposing” me……

        1. “Typical hater”. . .LOL. . .

          You’re a joke, Notalib, as well as, your protestations to the contrary notwithstanding, a Koch-inspired troll. . .(well, assuming that you’re not just a computer terminal spewing forth from Koch Central, of course). . .

          In any event, enjoy your wingnut wet dream regarding Prosser, Walker, Fitzgerald, etal while it lasts. Tonight is the beginning of the end for them, and for the glassy-eyed puppets of the Koch brothers like you who support them.

          1. Talking about being controlled, you leftwing extremist and your love affair with George Soros is a much bigger danger to America, but yiu just continue with your silly extremist labels and DNC approved talking points I know it makes you feel important.

            “Hey Billy Bob you should have seen the asskicking I gave these troll last night on a blog”

            “Wow Zuma we are so lucky to have someone as brave as you to hide behind a computer and tell those evil conservatives off. The world is now a safer place.”

            What a dumbass you are.

            1. “…as you to hide behind a computer…”

              stop being so self-descriptive…anonymity is so empowering isn’t it?

            2. “Dumbass”?

              Struck a nerve, did I, little homey?. . .

              (*laughing*}. . .

              Kloppenberg won. Abele won. Just be sure not to cry over your keyboard, huh, big boy?

              Well, anyway, ONE of us is DEFINITELY a dumbass. . .

              *laughing*. . .

              You should really think about changing your screenname to “braindead”. . .

              Beginning of the end, Braindead. The Republican 8 and Walker are next, you “clever” repartee notwitstanding. . .

              1. Yes it looks like thge unions got the activist judge they need in the supreme court to continue screwing over the taxayers in this state. That is fine the damage the unions have done will not be forgotten. The opublic workers in this state have shown their ture colors disgraceful greedy and selfish, the win was not as big as the unions would have wanted the vote clearly states that a good number of people in this state do support what Scott Wlaker is doing. The state has been changed forever by unions and the greed they cleraly have shown through this, respect for state workers has been loss and they will have to deal with the backlash from the people of Wisconsin for a long time.

                It is what it is now we move on.

                Now all you can continue your name calling and hateful rhetoric that I have come to expect from this blog. I do write a small perosnal blog and I would never allow the childish taunts and personal attacks on posters on that blog as you find here, but I am use to it from the left.

                Still have recalls of the 14 cowards to focus on.

                1. Notalib, in light of Zach’s rightful scolding, I recognize I posted one of the many mocking and unproductive replies to you, and want to apologize for that.

                  Keep in mind, though, that tone, attacks, and hyperbole are a two way street.

                2. So, let’s see what Notalib had to say about the election results:

                  (1) “[T]he vote clearly states that a good number of people in this state do support what Scott Wlaker [sic] is doing. The state has been changed forever by unions and the greed they cleraly have shown through this, respect for state workers has been loss and they will have to deal with the backlash from the people of Wisconsin for a long time.”

                  My response – So, let’s recap, homeboy. Prosser went from a 55-25 advantage in the primary to losing Tuesday’s election, a turnaround of over thiry percentage points (and the first time in over 40 years that an incumbent hasn’t been re-elected). WHAT could POSSIBLY explain THAT, little homey? Pretty simple. Two words. Scott Walker. Impotently grasp at all the straws you want, Notalib. In the real world, the election indicated who and what the Wisconsin electorate supports. Pssssst, here’s a hint. It isn’t Walker.

                  (2) “Now all you can continue your name calling and hateful rhetoric that I have come to expect from this blog. I do write a small perosnal blog and I would never allow the childish taunts and personal attacks on posters on that blog as you find here, but I am use to it from the left.”

                  My response – (*laughing*) Seriously, Notalib, my favorite defensive, “I’m the victim here” reactionary wingnut/teabagger? Ever heard of the expression, “Pot calling the kettle black”?! (*laughing*) Dude, you are the posterchild for all that is wrong with online debates between right and left like those occurring here.

                  (3) “Still have recalls of the 14 cowards to focus on.”

                  My (you do remember me, right? The guy that you so high-mindedly called a ‘dumbass’) response – You really are a tunnel-visioned piece of work, big guy) – “Cowards”? Well, at least you’re taking the “high road”, huh? (*laughing*) That said, little homey, you seem to be the ONLY one “focus[ing]” on them (the Wisconsin GOP is studiously avoiding any mention of them, “dontcha know”. I wonder why). Everybody else is focusing on the recall elections of the Republican 8, and actually collecting and submitting recall petition signatures in connection therewith.

                  Honestly, Notalib, the people here are too intelligent for your partisan claptrap. Wouldn’t you be more comfortable participating in a Patriot Action Network or redstate.com circle jerk, rather than trying to peddle your defensive wingnut crap here?

                  I will say this. Scott Walker and the Fitzgerald boys will be writ large in the history of the progressive movement as heroes. You’d should think about that.

                  What happened Tuesday was a harbinger of things to come. Instead of writing your sad little ditties here, I would suggest that you look for a seatbelt and buckle up. You and your “not a lib” friends are in for a bumpy ride on a very rocky road.

                  Good luck with that.

                  1. “you seem to be the ONLY one “focus[ing]” on them (the Wisconsin GOP is studiously avoiding any mention of them”

                    I know in your tunnel vision world only the Dems are the ones working the recalls.

                    From todays Green Bay Press Gazette:
                    “Just as the Democratic Party has been visible in its support of recall efforts against the eight eligible Republican senators, Republicans have been working behind the scenes to ensure the success of the petitions circulating to oust eight Democrats from office.”

                    http://www.greenbaypressgazette.com/article/20110407/GPG0101/110407007/State-Senate-GOP-leader-advises-recall-drives-targeting-Hansen?odyssey=tab|topnews|text|FRONTPAGE

                    1. Okay, you AND Scott Fitzgerald. . .(*laughing*)

                      Anyway, little homey, speaking of “tunnel vision”, cat got your tongue about the rest of what I had to say?

                3. “…respect for state workers has been loss (sic) and they will have to deal with the backlash from the people of Wisconsin for a long time.”

                  What? They were supposed to take the attacks from the governor and the Republican state house and suffer the abuse gladly? Dream on MacDuff! The governor’s continued demonizing of our public employees had already done the damage as far as your side of the aisle was concerned. You didn’t respect our ‘have’ public employees long before the first protest sign showed up in the rotunda. The fact they’ve stuck up for themselves and actually have self-respect galls you and your compatriots. And the respect they since garnered here in WI and the rest of the nation has been truly inspiring.

                  BTW: our public employees ARE some of the people of Wisconsin!

                  1. While I’m not optimistic about it, I hope that one day Notalib will wake up and realize that people like him/her are just being used by the Koch brothers and their minions. Assuming that he is a part of the middle class, a middle class that they have in their crosshairs, he’s definitely fighting the wrong fight.

                    IF only he could hear the Kochs laughing at him as they pull his strings and gleefully say, “Dance, puppet, dance”. . .

        2. Notalib wrote, in pertinent part:

          “The Huffington Post…OH please that is the last place I would ever go. I have never posted there and never will post there. There are two leftiwng sites I goto this one, I have come to respect Zach and a few of the others here even though we disagree on 99.9% and Caffientaed Politics [just for the record, the numerous spelling, syntax and grammar errors herein are entirely AmawingnutNotalib’s doing]. . .”

          My response – Hey, little homey, you’d better let the Huffington Post know that you NEVER go there. For some reason, they think that you’ve been posting inarticulate rightwing screeds there since August of 2006 [see HuffPost Social News]. For the record, by their count, you’ve posted 241 comments in the three and a half years that you have been a “member” there. Parenthetically, but not surprisingly, and for anyone who’s interested, the Huff Post Social News entry for Notalib reflects that in those three and a half years of posting comments on the Huffington Post website, Notalib has acquired exactly ZERO friends/fans [*laughing*].

          Notalib has also, not infrequently, made reference to articles that he has seen and/or commented on at the Huffington Post on various other websites, among them, http://www.greenbayphorum.com.

          BUT, in his words, he would NEVER ever go to the Huffington Post. . .(*laughing*). . .Hoisted by your own petard, little homey. What a pathetic, little prevaricator you are. Why didn’t you just own up to doing what I said you’d been doing on the Huffington Post? I’ll tell you why, my inarticulate wingnut brother. It’s just part of the macho, kneejerk rightwing/wingnut DNA not to own up to it. Well, anyway, little homey, thanks for shooting yourself in the foot in front of everybody, and revealing that you have an integrity quotient of ZERO.

          With respect to your further claim that you ONLY visit the two liberal websites mentioned in your comment, you might also want to talk to the other other “liberal” websites that think that you have been posting inarticulate rightwing drivel on them, including, but certainly not limited to http://www.whitenoiseinsanity.com (e.g. http://www.whitenoiseinsanity.com/2009/03/20/sarah-palin-was-shocked-to-hear-president-obamas-special-olympics-comment-comment-page-1/). For those of you who are interested, Notalib is a well-known TROLL at whitenoiseinsanity.com (see comment from “Grant in Texas” in this regard), and elsewhere, just as he is here.

          Notalib, you sad, sad little wingnut troll. The people here are far too intelligent for the likes of you. You aren’t convincing anyone of anything here. You simply reinforce everyone’s existing sense of “the wingnut”, intellectually bereft, inarticulate and hardheaded.

          As I was saying earlier, maybe you should consider participation in the daily rightwing circle jerks conducted at http://www.patriotactionnetwork.com fka resistnet.com or http://www.redstate.com, instead of embarrassing yourself further here.

  6. How come no one has come out with a listing of Prosser’s judicial decisions that makes him this satan spawn of a man that liberals are making him out to be? Of all the campaign videos and ads I’ve seen on Kloppenburg’s side, not one of them makes mention of his decisions as a justice.

  7. BTW: Instead of yakking about this race on the internet…I hope all of you have voted today!

  8. Ed, sure have, and if the number on my ballot on Madison’s east side is any indication, there’s gonna be a whole lot of people in the Mad City doing the same. And we’ll be voting for Kloppenburg.

    Do the same in your part of the state.

    1. Yeah, I was number 491 at my polling place….turnout should be pretty good, which bodes well for Kloppenburg.

  9. Exactly why it is important for the rest of the state top get out and vote today, we just can’t allow the counties of Dane and Milwaukee to dictate to the rest of us. Its is really important that the people of Wisconsin get out and vote to counter theses two far left extremely radical entitlement counties.

    1. No but it’s fine for the rest of the counties to stick their noses in Milwaukee’s business…like voucher schools, public employee residency requirements, etc…small government…local control advocates my posterior!

  10. I started out knowing nothing about these people from the ads but in the end I still knew nothing from the ads but the anti-Kloppenburg ads had that typical far right vibe to them that I knew I’d have to vote for her.

    Particularly hilarious is the “not tough on criminals” ad. It was so obviously quoted out of context so I hope not too many people fall for it. I don’t want a judge that’s “tough on criminals” I want a judge that’s a good judge. A judge “tough on criminals” risks the “guilty until proven innocent” mentality that so many on the right seem to cherish.

    “The crime, it’s so heinous? How can you stand up for that monster! He should be shot/tortured/publicly executed!!”

    “But you don’t even know if he’s guilty, and torture and extrajudicial shootings are horrors that we should be proud of opposing!”

    “You anti-American criminal lover!”

    Sadly I’ve had several conversations that amount to that.

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