Judge JoAnne Kloppenburg... has picked Ruth Bader Ginsberg and Sonia Sotomayor. Her rival, Justice Rebecca Bradley, finds this highly objectionable. These two justices, she accuses, “espouse a judicial philosophy that believes the Constitution is a living, breathing document, that it should change to reflect changing social and political conditions.”The question is not who's correct about how to interpret the Constitution. We're having an election. The people get to vote on how they think the Constitution (and all the other law) should be interpreted. Kloppenburg and Bradley have clearly stated what you need to know, Wisconsin voters. Pick!
But here is what Kloppenburg actually says about Ginsburg and Sotomayor: “They seem to share my view of the Constitution as protecting individual rights and promoting a more fair and equal society.”
Does Bradley disagree that the Constitution calls for protecting individual rights and promoting equality? “There are individual rights that are protected under the Constitution,” Bradley replies. “But when she talks about a more equal society, that’s a very subjective statement,” one whose meaning can vary from judge to judge.
Bradley named Antonin Scalia, before his recent death, as the U.S. Supreme Court justice she most admires, along with Clarence Thomas and Samuel Alito. “These three justices have the judicial philosophy I follow,” she says, she says, including their embrace of originalism: the notion that the Constitution must be interpreted in light of the Founding Fathers’ original intent. She notes that Scalia exhibited qualities that surprised others, such as being “protective of the rights of criminal defendants.”
March 20, 2016
"It’s a question every candidate for state Supreme Court is asked: Which U.S. Supreme Court justices do you most admire?"
Writes the left/liberal Bill Lueders at the end of his Isthmus piece "Battle for the [Wisconsin Supreme] court/Bradley v. Kloppenburg is a classic contest between two visions of the role of law":