Are There Any Tories On Tory Hill?

fairlie3In a few months, the Marquette University Law School community will pack up and move to its new building, located on Tory Hill.  Perhaps this is a good time to consider whether any actual “Tories” will reside there.  This is doubtful, because American political thought does not have a history of embracing the Tory philosophy.  Nonetheless, in today’s political climate, we all might benefit from hearing an occasional Tory point of view.    

The Republican Party in America currently stands at a crossroads.  There has been a great deal of debate within the political punditry concerning whether the Tea Party movement is a positive or a negative development for the Republican Party.  Some observers have noted the friction between the rage being expressed by Tea Party activists at the government bailout of the financial markets and at the expansion of government regulation of the health care sector, on the one hand, and the more business and government friendly track record of establishment Republican officials on the other.  This friction was most evident last month, when conservative activists rejected the establishment candidate put forth by party leaders for the 23rd Congressional District in New York, split the Republican vote, and delivered the seat to a Democrat.   

Similarly, Sarah Palin’s book tour has engendered speculation about her future political plans.  Some have applauded her anti-Washington and anti-big government philosophy as reflective of the public‘s current attitudes.  In the wake of the Administration of President George W. Bush, who spoke like a “States’ Rights” Texas governor while simultaneously expanding the federal government in the name of education and national security, many conservatives look to the former Alaska governor as someone who might actually govern in accord with a political philosophy that promotes decentralized government.  However, other observers have questioned whether Sarah Palin’s appeal extends beyond regional and rural areas of the country.

Democrats have their own problems.

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Memo To The New Justices: That’s Not How We Do Things On The Court

wisconsin-supreme-courtAt last month’s Conference on the Wisconsin Supreme Court, the panel discussing the Court’s business law cases during the 2008-2009 term began with an observation and a question.  The panel noted that there were three business law cases in which the votes of the Justices split on a 5-2 basis.  These cases were Farmer’s Automobile Ins. Assn. v. Union Pacific Ry., 2009 WI 73; Krier v. Vilione, 2009 WI 45; and Star Direct, Inc. v. Dal Pra, 2009 WI 76.  The question our panel asked was “Is this 5-2 split just a coincidence, or is something else going on?”

I cannot speak for my co-panelists, Tom Shriner and Leonard Leverson, and these comments should not be interpreted to reflect their views.  However, I have concluded that, taken together, the three dissents filed by Justices Abrahamson and Bradley in the aforementioned cases can be read as an clear admonishment to their two newest colleagues on the Wisconsin Supreme Court.

 The message that comes through to me, loud and clear, is one of disapproval of Justices Ziegler and Gableman for failing to adhere to the unwritten standards of professionalism that apply to the highest court in the State.  It’s as if these two members of the “old guard” feel it necessary to remind their colleagues that they now sit on a Supreme Court, and that there are certain things that one just doesn’t do as a Supreme Court Justice.  That the concerns of the dissenters have arisen in the context of three cases involving business law disputes is nothing more than a coincidence.

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My Zombie President: A Halloween Story

ZOMBIELAND“More coffee dear?”

 “Hmm? Oh, yes please.  Did you see this story in the newspaper?  The Zombie Party has come out in favor of the President’s health reform plan.”

 “Isn’t that good?  I thought that you were in favor of health reform.”

 “I am, but I don’t trust these Zombies.  They are not rational.  You can’t talk to them.  Have you seen the television footage of those town hall meetings?  It’s just a sea of screaming faces.  The raw emotion of these Zombies is terrifying.”

 “So why is the Zombie Party supporting health care reform?”

“The story says that they will support the plan if the Democrats put the ‘death panel’ provisions back in.  It seems that Zombies favor ‘end of life planning,’ although for some reason their representatives in Congress keep referring to it as ‘planning for the end of life.’  I just don’t trust these Zombies.”

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