The perils of politics

One of the candidates for a contested state Supreme Court judicial election called her opponent “a partisan extremist.” The other candidate in that election stated that “there’s enough room on the Supreme Court for the constitution or for my opponent, but not both.” The race is technically nonpartisan, but it has become quite politicized, and quite expensive. National groups from the left and the right are pouring a ton of money into this race, while political groups are endorsing their favored candidate.

Of course, I’m talking about the hotly contested election for a seat on the Wisconsin Supreme Court. Irrespective of how this election turned out, it should be apparent to all that judicial independence is being pummeled and trashed.

I hate seeing partisan politics bring down the one branch of government that is supposed to be beyond partisanship. The Executive Branch and the Legislative Branch in the United States are quintessentially partisan. But the history of this country reflects a portrayal of the Judicial Branch as guided and governed by the law, not political parties. That has been the aspiration and goal of the judiciary since the 1800’s. Yet, I see the diminution of that ideal every day, when Judges are described as “that liberal Judge” or “that conservative Judge.” I cringe when Judge Smith is described as a “Republican” and “Judge Jones” is identified as a “Democrat.” We’re constantly reminded of the partisan connection when the news or social media state that Judge X was appointed by Republican Governor Schwarzenegger, or Judge Y was appointed by Democratic Governor Brown. We even see it when the Governor’s office announces appointments, listing the newly appointed judges by their respective political affiliation. It’s frustrating as these labels only serve to chip away at the concept that Judges will make decisions based on the law and facts before them. It’s galling to witness the ascendancy of this concept that Judges are guided by their political party labels.

It has come to a head in the State of Wisconsin where two candidates are contesting a seat on the 7-member Supreme Court of that state. The perception is that the Court will be split 4-3 no matter which candidate prevails, and important issues are hanging in the balance. When the US Supreme Court decided that there is no right in the US Constitution to have an abortion – effectively tossing the issue to the individual states – abortion access became a primal issue in the Wisconsin judicial election, as has the issue of the makeup of legislative districts which will govern the election of 2024.

At least half of our states elect their Supreme Courts. Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and keeping politics from pervading our courtrooms. As these elections become increasingly ensnared in partisan politics and the influence of great gobs of money, let us remember the words of George Washington in his farewell address as President: “Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally.”