Big Labor Pushes for a Judicial Coup D'etat

Written by John Vecchione on Tuesday April 5, 2011

In Wisconsin, opponents of Gov. Walker's union bill are backing a leftist candidate in hopes of unseating a conservative Supreme Court justice. Will their power play work?

The election of judges has a long and storied history in the United States.  While federal judges get lifetime appointments, state judges are often elected, particularly in south and west of the Mississippi where populists didn’t want judges to be far from the people they served and close to big Eastern interests.

Unlike some in the law I haven’t had a problem with this.  In states with elected judges, the people at least have a chance to get rid of judges who’ve gone off the rails.  We don’t have that option in the federal system.  Most judges are reelected most of the time, undermining the complaint that judges fear ruling impartially.

Wisconsin however now has a barn burner.  A lightly credentialed judicial leftist is using the recent “flight of the Democrats” to oust a conservative judge.  She all but campaigns on a promise to overturn the law striking collective bargaining on issues other than wages.  Judge Prosser has been the target of calumny regarding prosecutions he made a quarter century or so ago.  We await the liberal call for civility in attacks on Judge Prosser.

I have no idea how the election in Wisconsin will turnout.  But if the unions, and the liberals on the Court, can show they can destroy a conservative judge at whim the legislature becomes nearly superfluous.  I hope Judge Prosser turns back the tide Tuesday but am not confident he will.  In low turnout elections, unions usually win.

Tweet