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April 03, 2008

Gableman win will "probably tip the balance of the court to a 4-3 conservative majority," WALL STREET JOURNAL

Today, THE WALL STREET JOURNAL describes the ousting of Wisconsin Supreme Court Justice Louis Butler and the election of circuit court Judge Michael Gableman as a showdown between "two distinct legal philosophies." 

Will this send a message to those running for election or re-election this coming November? Will the liberals temper their passion for judicial activism and the conservatives speak out more aggressively for tort reform? We don't know, do we.  This amazing upset yesterday, which few of us lead-paint watchers expected, might have made us more cautious about speculating.

But in WI there are some things that we do know.  Governor Jim Doyle not only put himself out there for Butler.  He called the loss "a tragedy."  This pol suffered a wound.  We just don't know if it could be fatal.  Plaintiff lawyer Peter Earle, who lost the "Thomas" case but won an appeal on another lead paint one to the WI SC, has to be feeling less confident.  If that appeal doesn't go his way, then that bodes ill for the the 30-something other lead paint personal injury cases he has in the hopper.

And here's a probable.  THE WALL STREET JOURNAL opines that Gableman's 10-year term will "probably tip the balance of the court to a 4-3 conservative majority."  If that probably becomes reality, WI might start giving out a pro-business message and it could become a model for a newly revived Midwest.  Who know, WI might snag a Tata Plant.

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Comments

You keep saying that Earle has 30 cases in the hopper. Since the Thomas trial, he has dismissed without prejudice 22 cases. He has only 13 remaining as of 4/9/08.

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