Justice Louis Butler: Judicial Activist
Suhr reviews several controversial cases, and finds Butler acting more like a liberal legislator than a judge.
He sums up the case for Butler’s judicial activism thus, and lists the cases where we see it:
Arrogance Over DeferenceThe election is going to be a real donnybrook, which Butler being supported by a range of interests who like his legislation.
Justice Butler often substitutes his own judgment for that of another institution when that institution is entitled by law to deference.Failure to defer to the trial court – Love, Armstrong, Dubose, Shomberg
Failure to defer to the legislature – Trujillo, Kohn, Diana P., Max G.W., Kolupar
Failure to defer to the U.S. Supreme Court – Knapp, Dubose, McGrew
Failure to defer to a government agency – Johnson, Meyers, Szleszinski
Overturning Precedent
Justice Butler often fails to show appropriate respect for the Court’s decisions in past cases. Trujillo, Knapp, Dairyland, Bartholomew
Acting Like a Legislator
Justice Butler often fails to respect the constitutional and practical limitations of the judicial office.
Extensive citations to non-legal authorities – Dubose, Shomberg, Thomas
Moral outrage substituted for sound legal reasoning – Thomas, Jones
Labels: Judicial Activism, Louis Butler, Wisconsin Politics, Wisconsin Supreme Court
3 Comments:
Do you think Daniel's footnotes reveal a breadth and depth of research? Or was he pointed at the bushes and told where to hunt?
John,
Conservatives actually know how to do research on their own, though if I were Daniel I would take your accusation that someone higher up fed him something as a compliment.
Don't feel bitter because you're not up to the same type of research.
Brian, even Rick didn't defend Daniel as vigorously as you just did.
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