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SATURDAY LOOPHOLE LOUIE UPDATE

By Charlie Sykes

Patrick McIlheran explains why Justice Louis Butler is pretending that he is a conservative (and running away from his actual record).

 

He cites this recently released poll:

 

Voters were asked about what the looked for in a judge.

 

'Judicial activism' is a term used to describe when a judge feels that his or her role is not  simply to review the law as it is written, but is instead to allow for new or evolving  meaning of the law over time. Do you think judicial activism is a mostly positive or mostly negative  thing for the Wisconsin State Supreme Court?"  

“'Judicial restraint' is a term used to describe when a judge views his or her role solely as  an evaluator of whether a law or lower court ruling is in line with the state constitution. Do you think judicial restraint is a mostly positive or mostly negative  thing for the Wisconsin State Supreme Court?"  


Asked the first question, “judicial activism” was called positive by only 45%  of respondents. Asked the second, “judicial restraint” was called positive by 69%.

Respondents were also asked this:

I am again going to read you the opinions of two people.  Please tell me which one comes closest to your view.    PERSON 1: Judges should interpret and apply the law as it is written and not take into account their own viewpoints and experiences.    PERSON 2: Judges should go beyond interpreting and applying the law and take into  account their own viewpoints and experiences.  


The first viewpoint, that of restraint, was preferred by 77% of respondents to some degree or other. The second viewpoint, the activist one, was preferred by 20%.

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