Here is my full column from the Washington County Daily News

If there was any doubt as to the importance of the upcoming Wisconsin Supreme Court election, the outrageous ruling by rogue Dane County Circuit Judge Richard Niess should vanquish it. The leftists have shown that they are willing to use the power of the judicial branch to advance their radical agenda without scruples or remorse. Against such an onslaught, a Supreme Court comprised of strict constitutionalists serves as the last bastion against the judicial usurpation of our representative government.

In the waning days of the last legislative session, the Legislature passed a series of laws to shore up their gains of the previous eight years before the Democrats assumed control of the executive branch. In a clear violation of the separation of powers principle and a gross overreach of judicial authority, a single, lowly Dane County judge ruled that the entire extraordinary season was unconstitutional, and thus, all of the laws duly passed during the session are unconstitutional. In his ruling, Judge Niess ignored the clear wording of the Constitution, the statutes, and decades of legislative practice by both major political parties. Judge Niess’ ruling was not based on law. It was based on advancing a liberal political outcome.

If you wondered what that outcome was, Democrats Gov. Tony Evers and Attorney General Josh Kaul quickly confirmed it as they moved swiftly after the ruling to withdraw the state from the federal Obamacare lawsuit and begin the process of replacing the 82 people appointed by Gov. Scott Walker who were confirmed in that session.

The ruling is such an egregious overreach that if it holds, it would invalidate hundreds of laws passed over the past several decades. The Legislature has been meeting in extraordinary seasons for years, as is their prerogative, to pass legislation. The most recent extraordinary session was to listen to Governor Evers’ budget address. But before that, taxpayer funding for Fiserv Forum, redistricting, campaign finance laws, government funding laws, and much more have been passed in extraordinary sessions.

In all, the Legislature has held over two dozen extraordinary sessions over the previous two generations for the purpose of passing laws supported by both Democrats and Republicans. If extraordinary sessions are themselves unconstitutional, as Judge Niess’ preposterous partisan ruling states, then all of those laws would be unconstitutional.

Thankfully, Dane County Judge Niess’ ruling will likely be stayed by an appeals court this week before being completely overturned. If Dane County voters have any fidelity to the rule of law, Niess will be run off the bench for his blatant abuse of power. He is a disgrace.

The judicial system is designed to correct for rogue and incompetent judges by allowing bad decisions to be appealed through multiple higher courts. But if the same rabid partisanship that infects Judge Niess is permitted to spread to the Supreme Court, the Legislature and governor will be relegated to merely being entertaining political theater because the austere tyrants in black robes will make all of the real decisions.

Judge Niess, Governor Evers, and Attorney General Kaul tipped their hands to how they will neuter the power of the Republican-led Legislature if the radical leftists take control of the state Supreme Court. They will follow the path of the leftist horde after Governor Walker was elected. They will get a fellow traveler on the Dane County bench to rule laws they do not like as unconstitutional, and then act by judicial and executive fiat. Except this time, instead of the Supreme Court overturning bad rulings and showing deference to the Constitution and the tenets of representative government, a leftist-dominated court will set the leftist agenda into stone.

On April 2, or anytime this week via early voting, it is critically important that Wisconsin elect Judge Brian Hagedorn to the Wisconsin Supreme Court. He has demonstrated the appropriate humility, firm adherence to the Constitution, and deference to representative government necessary to protect the individual rights of Wisconsinites. If the Supreme Court is to remain a bulwark for individual liberty and representative government, we need to elect justices like Brian Hagedorn who believe in those principles.

My column for the Washington County Daily News is in print and on line. Here’re the highlights, but be sure to pick up a copy to read the whole thing!

If there was any doubt as to the importance of the upcoming Wisconsin Supreme Court election, the outrageous ruling by rogue Dane County Circuit Judge Richard Niess should vanquish it. The leftists have shown that they are willing to use the power of the judicial branch to advance their radical agenda without scruples or remorse. Against such an onslaught, a Supreme Court comprised of strict constitutionalists serves as the last bastion against the judicial usurpation of our representative government.

[…]

Judge Niess’ ruling was not based on law. It was based on advancing a liberal political outcome.

If you wondered what that outcome was, DemocratsGov. Tony Evers and Attorney General Josh Kaul quickly confirmed it as they moved swiftly after the ruling to withdraw the state from the federal Obamacare lawsuit and begin the process of replacing the 82 people appointed by Gov. Scott Walker who were confirmed in that session.

[…]

Thankfully, Dane County Judge Niess’ ruling will likely be stayed by an appeals court this week before being completely overturned. If Dane County voters have any fidelity to the rule of law, Niess will be run off the bench for his blatant abuse of power. He is a disgrace.

The judicial system is designed to correct for rogue and incompetent judges by allowing bad decisions to be appealed through multiple higher courts. But if the same rabid partisanship that infects Judge Niess is permitted to spread to the Supreme Court, the Legislature and governor will be relegated to merely being entertaining political theater because the austere tyrants in black robes will make all of the real decisions.

Judge Niess, Governor Evers, and Attorney General Kaul tipped their hands to how they will neuter the power of the Republican-led Legislature if the radical leftists take control of the state Supreme Court. They will follow the path of the leftist horde after Governor Walker was elected. They will get a fellow traveler on the Dane County bench to rule laws they do not like as unconstitutional, and then act by judicial and executive fiat. Except this time, instead of the Supreme Court overturning bad rulings and showing deference to the Constitution and the tenets of representative government, a leftist-dominated court will set the leftist agenda into stone.

On April 2, or anytime this week via early voting, it is critically important that Wisconsin elect Judge Brian Hagedorn to the Wisconsin Supreme Court. He has demonstrated the appropriate humility, firm adherence to the Constitution, and deference to representative government necessary to protect the individual rights of Wisconsinites. If the Supreme Court is to remain a bulwark for individual liberty and representative government, we need to elect justices like Brian Hagedorn who believe in those principles.

Here is my full column that ran yesterday in the Washington County Daily News.

Wisconsin’s era of conservative reform came to an end with the election of Gov. Tony Evers. With a liberal governor, the conservative majorities in the Legislature are relegated to a rearguard action to defend the magnificent gains made in the last eight years. But the Legislature’s rampart might be flanked if Wisconsin’s liberals are able to seize control of Wisconsin’s Supreme Court. They could do that next year unless Judge Brian Hagedorn is elected to the court this April.

When Scott Walker was elected in 2010, Wisconsin’s liberals made it clear that they could not abide the will of the people and allow conservatives to govern. A familiar pattern emerged: Republicans legally pass conservative legislation into law; liberals sue; Dane County judge invalidates conservative law; after appeals, the Wisconsin Supreme Court overturns the Dane County judge and allows the law to take hold. The Wisconsin Supreme Court has consistently thwarted the liberals’ attempt to overturn conservative laws through the courts, so the liberals are determined to get the court back under their control.

Right now, four of Wisconsin’s Supreme Court Justices are judicial conservatives. That means that they think the role of the court is to strictly interpret the law as written and respect the rights and responsibilities of the other two branches of government to enact the will of the people through legislation. By contrast, three of Wisconsin’s Supreme Court justices are judicial liberals, meaning that they take a more expansive view of the role of the court to enact their own wills to right wrongs, as they define them, with little regard for judicial restraint.

One of those three judicial liberals, Justice Shirley Abrahamson, is retiring and the election this April is to replace her. At first glance, this may appear to be a relatively inconsequential election. The balance of the court is not on the line. If the people of Wisconsin elect a judicial liberal, the balance of the court will remain the same. If the voters elect a judicial conservative, then the judicial conservatives strengthen their majority to a 5-2 split. Without much on the line, why worry, right?

The key is to look to April of 2020. In that election, incumbent Justice Dan Kelly will likely run for reelection. Kelly is one of the judicial conservatives on the court. The challenge for Kelly is that the presidential primary will be on the same ballot. President Donald Trump is unlikely to face a serious primary challenger, so Republican turnout will be light. Meanwhile, the Democratic primary for president portends to be hotly contested, so Democratic turnout will likely be massive. That does not bode well for a conservative judicial candidate on the ballot. Kelly faces a steep uphill climb that has nothing to do with him, and everything to do with the rest of the ballot.

If Wisconsin’s voters replace Abrahamson with another judicial liberal and retain a 4-3 judicial conservative majority, it is exceedingly likely that the election of April 2020 will flip the court to a judicial liberal majority. If that happens, liberals will sue to overturn every conservative law passed in the previous decade and have the Supreme Court on their side. They cannot turn back the clock through the representative democratic process, so they will turn to the courts instead. Act 10, concealed carry, school choice, the repeal of prevailing wage, the Wisconsin REINS Act, voter ID, right to work, castle doctrine — all of it is at risk if judicial liberals gain control of Wisconsin’s Supreme Court.

That is why Wisconsin must elect a judicial conservative to the Supreme Court this April. That judicial conservative is Appeals Court Judge Brian Hagedorn.

Hagedorn has served in a number of legal capacities since graduating from the Northwestern University School of Law. After three years in private practice, he worked as a law clerk for Wisconsin Supreme Court Justice Michael Gableman before going to work as an assistant attorney general. He worked as Gov. Scott Walker’s chief legal counsel from 2011 to 2015 during the time when many of Wisconsin’s most significant reforms in generations were passed into law. Since 2015, Hagedorn has been serving as a judge on Wisconsin’s Court of Appeals.

Hagedorn’s judicial philosophy is one of restraint and humble respect for the individual rights and the will of the people. As he says, “justices wear neutral robes, not capes.” That is exactly the kind of attitude Wisconsin needs on the court to protect our liberties and uphold constitutional laws that were dutifully passed by the representatives of the people.

My column for the Washington County Daily News is online and in print. Log on or pick up a copy for the whole thing. Here’s a sample: