Homophobic Judges?

Homophobic Hagedorn Unqualified for Supreme Court

Conservatives tell us that control of the Wisconsin Supreme Court, which boasts a 4-3 majority of conservative leaning justices, can only be maintained if we vote for Judge Brian Hagedorn in the April election to fill the seat of Justice Shirley Abrahamson who is retiring at the end of her current term. They fear if Justice Abrahamson is replaced by another “liberal,” then a loss by another Walker appointee, Justice Dan Kelly, in the next election cycle will tilt the state’s highest court too far too the left. 

Judge Hagedorn currently sits on the Wisconsin Court of Appeals, District Two, based in Waukesha. He is running against Judge Lisa Neubauer who is Chief Judge of the Court of Appeals and is also based in Waukesha. Judge Neubauer, a longer serving jurist than Hagedorn, is supported by many liberal organizations. 

Hagedorn was appointed to the Court of Appeals by former Governor Scott Walker after serving as Walker’s chief lawyer and overseeing implementation of many of Walker’s most conservative legislative initiatives. Before working for Walker directly, Hagedorn worked as an assistant attorney general in the Wisconsin Department of Justice after a short stint in private legal practice. He is by all measures a true hard line conservative by training and inclination.

Hagedorn’s history starts early on in conservative circles, especially those opposed to same-sex marriage and relationships based upon outmoded notions of evangelical Christian biblical teachings. In his personal blog, he wrote two particularly compelling posts. “The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable.” “Relationships between same sex partners are not equivalent to relationships between opposite sex couples. This is not bigotry or hate, just the truth.” 

The blog posts were written years ago, but Hagedorn has not disavowed them. He could not easily do that given the fact that after he became a judge he and his wife helped found a private Christian based private school in Waukesha in 2016 and still serve on its board of directors. Augustine Academy has a code of conduct that requires dismissal of any teacher who is part of the LBGTQ community, discipline and possible expulsion for students who come out as members of that community and even expulsion of students whose parents are in same-sex relationships. 

This is particularly troubling for a sitting judge at any level whose oath of office requires them to uphold the constitution and laws of the United States and of the State of Wisconsin. Both of our constitutions now explicitly sanction same-sex marriage and prohibit most acts of discrimination against LBGTQ people. 

Hagedorn dismisses these concerns as smear tactics, failing to recognize or acknowledge that they call into serious question his ability to set these clearly strongly held beliefs and render justice in all cases fairly and impartially.

If Hagedorn’s continued connection to Augustine Academy is not enough to disqualify him from a seat on the Wisconsin Supreme Court, consider another recent revelation. Hagedorn has addressed and been paid over $3,000 for speaking to the Alliance Defending Freedom from 2015 through 2017. He accepted unspecified travel expenses from the group when he spoke to them again last year. This Christian legal organization supports criminalizing sodomy and sterilizing transgendered people and has been labeled a hate group by the Southern Poverty Law Center. In 2004, while in law school, Hagedorn interned for the group’s predecessor calling it “a wonderful group” formed to fight “the culture wars.” Hagedorn’s campaign defended the Alliance as a leading legal organization that defends Christian values and noted that the judge would not remove himself from cases brought by the group to the high court if elected.

Judge Hagedorn sees these revelations as nothing more than an attack on his faith and claims to be able to put his personal views aside and decide all cases that come before him. With this kind of track record and political alliances it seems certainly plausible that reasonable people might not take Hagedorn at his word.

After these revelations were widely reported in the media, the Wisconsin Association of Realtors withdrew its endorsement of Hagedorn and asked that it’s recent $18,000 contribution to his campaign be returned. The realtors cited unspecified recent revelations that are contrary to the values of their membership as the reason for their actions. Other organizations and trade groups, recognizing that anti-gay activities are not good for business, are likely to follow the realtor’s lead.

Conservatives rightly condemn activist judges who bring a personal or philosophical agenda to their decisions, except when those decisions involve issues about which they care passionately. Supporting a clearly activist homophobe like Judge Hagedorn demonstrates this conservative hypocrisy.

Waring Fincke is a retired lawyer who serves as a guardian for the elderly and disabled for a Sheboygan County non-profit agency.

The Con Lives

Foxconn is still a Con

In August, 2017, I wrote a column here cautioning against the then proposed deal with Foxconn that would exchange tax incentives costing Wisconsin taxpayers for decades for a promise to build a brand spanking new facility to make high-end liquid crystal displays. I noted concerns beyond the fiscal, including damage to the environment, Foxconn’s less that stellar track record for keeping promises and others.

As we all now know, the deal was rushed through with little more than a “thank you ma’am” by the GOP controlled legislature and signed with much fanfare by now former Governor Scott Walker.

Foxconn proceeded with substantial help by state and local governments using the power of eminent domain to displace home owners whose presence impeded progress and ground was broken by Walker and Trump. The deal seemed to be full speed ahead until after the election of Governor Evers and other Democrats to all of Wisconsin’s administrative offices and Trump’s tweeted trade war with China heated up dramatically.

Apparently out of the blue Foxconn, decided to scale back or even eliminate the new manufacturing facility after the first of the year. After some blowback, Foxconn switched again. The next claim was that it would build a new research and development facility instead. The previous promise of 13,000 jobs somehow got lost in the shuffle. President Trump called Foxconn’s chairman and then tweeted that he had saved the day and the deal and the manufacturing plant he helped break ground for was back on track. Even though Trump was engaged in a tariff war with China, he somehow managed to convince Foxconn’s leader that the company would not be impacted.

All appeared to be well again, at least on the surface. But what about the promised blue-collar jobs and the resurgence of American manufacturing might Walker and Trump promised? Then Bloomberg published a scathing report that even under the reconstructed project, the 13,000- job promise will never be kept. 

The report outlines the external market forces requiring Foxconn to cut as many as 100,000 positions world-wide, the failures at the mini-Foxconn plant here that makes Sharp TVs, and internal resistance to the Wisconsin project by Foxconn managers. The first hard hit came at the end of last year when the company missed its’ projected job creation goal by 82 percent causing it to lose its tax credits for the year. There are only 122 jobs advertised on the company website, many at least 5 months old. 

Meanwhile, local and county governments have spent an estimated $120 million for land and the state is committed to at least $120 million in road improvements for the project. In addition, Foxconn was cleared to fill 26 acres of wetlands for the project after state regulations that would have prevented it were repealed by the legislature. 

Foxconn’s recent about-face after its chairman spoke with President Trump is, so-far, sadly lacking in specifics about Foxconn’s future in Wisconsin. It appears to be little more than a pawn in the US-China trade war that overshadows the whole mess. 

Not to be shut out of the limelight, Wisconsin’s Assembly leader, Robin Vos, and Senate Majority Leader, Scott Fitzgerald, immediately blamed newly elected Governor Evers for changing the environment for the deal’s success. Never mind that they offered not one shred of evidence to support their claims that Evers scuttled the deal. They claimed that no taxpayer dollars had yet been paid to Foxconn, omitting the $15 million the state paid to the village of Mount Pleasant to help with land acquisition and infrastructure costs, other promised funding for local government debt costs and road improvement guarantees.

Foxconn has a history of abandoning or scaling back projects after making grandiose promises of job and economic growth. This track record was ignored by the Wisconsin Economic Development Corporation executives wooed by Foxconn officials. That history was one of the reasons Gov. Evers campaigned on making the WDEC stronger and a better watchdog for taxpayer dollars. 

We may be stuck with this “pig in a poke” from the Walker era, but at least we now have people in office who will do whatever they can to hold Foxconn to its promises and minimize the damage done to our economy when the company abandons Wisconsin. Let’s hope they keep the light shining on the backroom deals so we all know when we are getting fleeced.

On Wisconsin

On Wisconsin

Forward Together

Wisconsin Governor Tony Evers delivered his first State of the State address to a joint session of the state legislature this week marked by calls for bi-partisan efforts conducted with civility and mutual respect. Evers’ remarks were enthusiastically received by Democratic legislators who stood often to applaud and cheer as the Governor laid out his plans for our future. Unfortunately, the only measure that brought the Republicans to their feet was Evers’ plan to provide a 10 percent tax cut to individuals making less than $100,000 and families earning less than $150,000 annually. They sat back down when Evers told them he planned to pay for it by limiting tax breaks for wealthy corporations.

Stressing that “what’s best for kids is best for our state,” Evers will propose fully funding two-thirds of the cost public education, increasing special education funding by $600 million and increasing mental health services in our schools five-fold. In addition, his upcoming budget will seek to deliver on his campaign promise of providing all Wisconsin residents with quality and affordable healthcare, in part, by expanding Medicare eligibility to 76 million low-income people. The Governor noted that several GOP controlled states like Kentucky and Nebraska had expanded Medicaid coverage with no ill effects, as have Democratic states like our neighbor Minnesota.

The only lowlight came with Evers announcement that he was sending Attorney General Kaul a letter asking him to withdraw Wisconsin from the lawsuit challenging the pre-existing coverage provisions of the federal Affordable Care Act. The recent lame-duck legislative session passed a bill taking that authority away from the Governor and vesting it with the legislative leadership. Since the address, Evers’ office has walked back his comments and it remains unclear what, if any, ability he has to get Wisconsin out of that case. He may have an easier path directing Kaul to change Wisconsin’s position in the litigation from opposing to supporting the ACA’s pre-existing coverage provisions. In any event, Wisconsin withdrawing or changing positions in the lawsuit is not likely to alter the outcome as nineteen other states would remain in the case to carry the argument to its conclusion.  

Governor Evers also addressed the transportation funding crisis that has led to deteriorating highways and other transportation problems. He announced the formation of a bi-partisan task force led by his Department of Transportation Secretary-designee to come up with a plan that addresses and prioritizes the needs as well as formulates a way to raise the funds necessary to meet them. All of the transportation stakeholders will have a seat at the table.

Announcing 2019 as the year of Clean Drinking Water, Evers embarked on a plan to cleanup or replace contaminated private wells and replace lead water service lines across the state. Doing so will increase life-long earning capacity and provide better health outcomes for millions of Wisconsin families.

The Governor concluded his remarks with another call for the legislature to work with him on his People’s Budget and not to try crafting their own instead. There was no mention of a veto should they do so, but his office made it clear later that such a veto was certainly possible. He reminded all in the chamber of a slogan embedded in the ceiling of the Governor’s Office, “the will of the people is the law of the land.”

Our new governor struck just the best tone and delivered the correct content given the debate engendered during the campaign. A majority of voters across the state voted for the agenda Evers delivered in his remarks. It is certain that he will take his budget directly to the people for grass roots pressure on those in the legislature who might not be on board. It remains to be seen if constituent pressure will be sufficient to overcome the re-election purse strings held by Speaker Vos and Senate Majority Leader Fitzgerald.

A New Year

A New Year

A New Direction

Tony Evers took the oath of office this past Monday and became the 46^th Governor of the State of Wisconsin. He was joined by Mandela Barnes, Wisconsin’s first African-American Lt. Governor, Josh Kaul our new Attorney General, long-time Secretary of State Doug LaFollette and Sarah Godlewski, our newly elected State Treasurer. All these proud Democrats were elected in November by a majority of the voters who joined them in calling for a return to Wisconsin’s proud progressive tradition of good, clean government that works for everybody, not just those who can pay the price of admission.

The newly elected constitutional officers all spoke about working with the Republican controlled legislature to improve the lives of working Wisconsin citizens and those in need of a helping hand. Governor Evers spoke clearly about his vision for properly funded public education, casting himself as a “Kids Governor.”  Lt. Gov. Barnes, recognizing the historical election of a black man to his position, spoke about those who paved the way for him and the need to continue to strive for human equality. Attorney General Kaul told those assembled in the Capitol that he would stand up for Wisconsin values and challenge all who put them in jeopardy. Kaul made it clear that he would seek judicial scrutiny of the lame duck laws passed to limit the authority of the newly elected administration.

None of these officials would have celebrated their victories yesterday were it not for the blood, sweat, tears and work of those who took up the mantle of resistance as the GOP coup revealed what was to come. Those who protested, recalled, knocked on doors, spoke to their neighbors and wrote stirring calls for progressive reforms kept the lights on for those who were sworn in yesterday. They led the way, letting people know that it is ok to be progressive, to care about the education our children receive, to work for immigration justice, for working people to receive a family supporting minimum wage, to promote universal healthcare and to end mass incarceration. The slow work of organizing and persuading those in the middle finally paid off.

Now the work continues. It is not sufficient to say, “we won.” We need to join with Governor Evers to develop popular support for his upcoming budget proposals. He learned that if the people speak up, their voices are louder than the donors who contribute to maintaining the status quo. Even in districts that lean heavily republican like our own, we can and will mobilize popular support for improving our roads and infrastructure, making public education all that it can be by showing the world that teaching is one of the most important professions one can enter, increasing Medicaid funding by accepting Federal money to broaden the coverage pool for those without health insurance, and passing gun control measures supported by a broad majority of our fellow citizens. We can and will end the heavily gerrymandered districts for congressional seats and the state legislature by creating independent commissions with the power to redraw the maps to make all districts competitive.

We can find common ground with our neighbors on these and other important issues and begin to bring increased pressure on those elected to the state Senate and Assembly to join with Governor Evers to address them through positive, people supporting legislation. It will not be easy. Entrenched special interests who have benefitted from GOP tax breaks and regulatory roll-backs will continue to exert pressure against reforms that threaten their bottom lines. We will have to show that the will of the majority is more powerful than the bankrolls of the wealthy. Lawmakers will have to decide which side they are on. Many will face new election cycles two years out and whether they compromised or resisted what the majority wants will decide their electoral fates. Let us hope they choose wisely.

It is time to stop speaking in buzz words like individual freedom, personal responsibility, smaller government and lower taxes. We need to focus on practical solutions to specific problems that we all face together, regardless of political affiliation. We can no longer afford to hide behind these platitudes and dog whistles. We must demand that our elected officials address specific problems we all face with concrete positive proposals.

We cannot rest on our laurels. We must continue to speak to our neighbors and friends about issues that matter. We now have momentum. Let us and those newly elected use it wisely.

New Year’s Resolution

A New Year’s Resolution 

Science Based Environmental Policy

Governor-elect Tony Evers’ cabinet is beginning to take shape with important agency appointments that will set the direction for their respective departments. His choices reflect Democratic values and positions Evers promoted during his campaign and echo many he held as Superintendent of Public Instruction. Among Evers’ top choices is Preston Cole as the new Secretary of the Department of Natural Resources.

Cole comes to the position with impeccable professional and educational credentials. He has a degree in forestry, experience working in natural resource management and as the forester then deputy director of the Public Works Department for the City of Milwaukee. He was originally appointed to the DNR Board by then Governor James Doyle and later re-appointed by Governor Walker. He grew up in rural Michigan, the son of farmers and a proud member of the Future Farmers of America. He understands the concerns of the DNR rank and file staff who chaffed under the pro-business and anti-environment policies of former DNR Secretary Cathy Stepp. GOP Senators should be encouraged that Stepp, now the regional head of the U.S. Environmental Protection Agency, feels comfortable being able to work with Cole. 

By all measures of competence and experience, Cole should have no problem being confirmed by the GOP members of the Wisconsin Senate. Unfortunately, some of the early GOP Senate criticisms have already cast a partisan shadow over Cole’s upcoming confirmation hearing and vote. Some GOP Senators fear that policy position appointments that do not require Senate approval will end up in the hands of representatives of “radical” environmental groups with designs on protecting air and water at the expense of property owners and business interests. We are already hearing echoes of the refrains that gained prominence during the “Mining Wars” in Northern Wisconsin that promoted use of the resources for profit instead of people.

The DNR’s mission is to manage Wisconsin’s abundant natural resources, striking a balance between the several competing interests with conflicting goals. Tourism is the life blood of the North Woods and will only thrive if there are forests, lakes and streams to support wildlife and fisheries. People are attracted to clean air and water and repulsed when those are polluted, the birds are gone and the fish die. 

Property rights are important and so are the rights conveyed to Native Tribes by treaties entered into by their leaders and the government of the United States in the late 1800s. The DNR is charged with navigating the continuing conflicting interests of the new settlers and Wisconsin’s first inhabitants with the goal of protecting both. The DNR partnership with Native tribal resource management efforts has worked well, but needs constant attention to avoid resurgence of the “Walleye Wars” that erupted when native spearing spread to more Northern lakes during spawning season.

Resurgent mining exploration, proposed power transmission lines and fossil fuel pipeline developments need evaluation and permitting to avoid contamination of precious air and water resources. Commercial developments statewide must continue to obtain regulatory approval to commence to ensure similar protections for those of us downstate. Businesses and municipalities cannot be allowed to spew pollutants into our shared environment unchecked. 

Protection of the water resources on our eastern and northern borders, requires cooperation and consultation with the Native Bands on their shores as well as the other members of the Great Lakes Compact. The fisheries and fresh water found in Lakes Michigan and Superior are unparalleled and need vigilant oversight against those who would endanger them for short-term gain. 

Municipalities charged with managing drinking water and sewerage systems must be held to strict uniform standards to protect ground water aquifers, rivers, streams and lakes. Garbage collection and disposal needs regulation to limit landfills. Recycling and reuse programs need to be encouraged to reduce what we throw away.

The DNR under GOP leadership has leaned too heavily in favor of business and property owner interests and cuts to staff positions have reduced its ability to enforce regulations necessary to protect the environment. Preston Cole has vowed to lean on his staff science teams when crafting policy and deciding on enforcement priorities. One can only hope his turn back to science-based decision making will not derail his confirmation by the Wisconsin Senate when the new administration takes office in January.

Waring Fincke is a retired attorney and serves as a guardian for the elderly and disabled for a Sheboygan County non-profit agency.

The People’s Budget

The Birth of a Peoples’ Government

It is About Time

In stark contrast to previous state budgets that were crafted behind closed doors to favor the interests of wealthy business owners and corporations, Governor-elect Tony Evers has begun to prepare a “Peoples Budget” for the upcoming two-year cycle by holding listening sessions around Wisconsin to hear from people from all walks of life on how the state should spend their money.

Evers has made it clear that the sessions are not going to be used to tell the citizenry what his administration will include in the next budget, but to solicit what the people believe are the important priorities for state spending. 

The first session was held in Green Bay earlier this week. It was followed by a session in Wausau with another planned for Superior early next week. Subsequent sessions will be held in Milwaukee and Madison with others still being planned. All the ideas mentioned will be considered as the Evers administration puts together a spending plan to submit to the legislature.

For those who cannot make any of the sessions, the Governor-elect has provided an on-line form anyone can fill out to submit ideas for budget consideration. You can find it at 

https://docs.google.com/forms/d/e/1FAIpQLScHfkoflPcl76h5m8KKaIJ7oxYjdYpne2Dpt2YUikwfp21S2g/viewform

Senate Majority Leader Scott Fitzgerald has already labeled the Evers’ budget proposals “the most liberal budget you have ever seen” before the first item is put on the list. This is not unexpected from the GOP legislature, given its recent moves to sharply curtail the authority of the new governor and attorney general before they take their oaths of office. 

If we are to have a functional government that addresses Wisconsin citizens’ needs and problems over the next four years, the GOP is going to have to stop the barrage of attacks and demonization of the new administration. We want the GOP controlled legislature to find common ground with the new administration in order to keep Wisconsin moving forward 

We do not want a gridlocked government that does nothing. Wisconsin highways and local roads need money and a plan to make the necessary improvements we all want. Wisconsin public schools and universities need adequate funding to prepare our children for what lies ahead. We need strong environmental protections to ensure clean air and water, especially in light of the Trump administration roll backs of Federal environmental protections. We need accountability for the state tax dollars spent with Foxconn to build its plant and for the incentive package Governor Walker just proposed for Kimberly-Clark. We need criminal justice reform that minimizes mass incarceration and provides mental health and addiction treatment services to truly make our communities safer. We need a renewable energy policy that helps move us away from fossil fuels that contribute to global warming and climate change.

To help move Wisconsin in this new direction, Governor-elect Evers is also bringing back the “Wisconsin Idea” of blue-ribbon advisory panels made up of experts in their fields whose purpose will be to examine the problems in their areas of expertise and propose bi-partisan ideas to solve them. 

Panels have been named to study prisons and the justice system, science, energy and agriculture, health policy and economic development just for starters. The people named to these panels are charged with identifying policy changes that need to be made and funding priorities that will help in the budget writing process. All are open for public input and none are beholden to special interest groups who stand to profit from the suggestions the panels produce. 

All of these efforts to bring a diverse population of ideas into governmental planning and policy development are a far cry from the closed-door actions of the current Wisconsin government that appeared to act solely for the benefit of the wealthy donors who funded GOP campaigns. The bills recently passed in the early morning hours of the lame-duck legislative session are hopefully the last example of their kind now that the new administration is set to take over. 

All these changes should bring a new openness to our government. We will need to be vigilant and hold them to their promises through continued advocacy and participation. They cannot do it without our input and support. Keep the emails, calls and letters coming so we truly have a “Peoples’ Government” in 2019. This is what Democracy looks like.

Compromise or Confrontation?

Compromise or Confrontation?

It’s Up to the GOP

In the November election, Wisconsin Democrats took all of the state-wide seats and over 54 percent of the votes cast for Assembly seats. One might think the Republican legislative leadership would recognize this as a mandate to find common ground with the new Governor-elect and his administration. No such luck.

Assembly Speaker Robin Vos and State Majority Leader Scott Fitzgerald have rebuffed Governor-elect Evers’ offer to work on a people’s agenda to improve our roads, enact comprehensive healthcare reform and fully fund public education. Instead, they have called for a special session of the legislature to start next week. With outgoing Governor Walker’s blessing, they will try to enact a series of laws to limit Evers’ power and ability to govern while consolidating more power in GOP hands.

While the list of bills to be considered will not be released until after my deadline for this article, it is widely thought to include:

1. Taking the power to approve administrative regulations away from Governor Evers, even though they willingly gave such power to Walker.
2. Limiting Evers’ ability to appoint members to the Wisconsin Economic Development Corporation’s Board of Directors in order to continue GOP control of its agenda.
3. Moving the Spring 2020 election for the Wisconsin Supreme Court seat currently held by a conservative Justice to a date different than the Spring Presidential Primary where Democratic turnout is predicted to be higher thus hurting Justice Kelly’s chances to hold the seat. Never mind that the municipal clerks responsible for running these elections are mostly opposed to the move because of the time needed for potential for recounts, added costs and voter confusion.
4. Passing package of economic incentives to keep Kimberly-Clark in the Fox Valley. The paper maker has threatened to leave Wisconsin without more state help. 
5. Putting some GOP favorite rules, such as the requirement for a photo ID for voting and work requirements for Medicaid eligibility into state statutes.
6. Enacting state law requiring health insurance companies to provide coverage for pre-existing conditions.
7. Limiting Evers’ ability to change the Attorney General’s Solicitor Generals office in order to try and preserve some of the lawsuits brought by outgoing Attorney General and soon to be Waukesha County Circuit Court Judge Brad Schmiel.

Never fear though because the Assembly and Senate leaders have yet to agree on how these or other measures might be considered. Speaker Vos apparently wants one omnibus bill that includes all of the issues. Majority Leader Fitzgerald favors individual bills that would be taken up separately, probably because he does not have the votes in his chamber to pass the Kimberly-Clark package after being burned by the Foxconn deal. Evidently, neither wants to address redistricting and the creation of fair maps or any of the other pressing problems Wisconsin voters want them to solve

Both leaders want to get the job done by mid-week so they can all go home for the holidays.

This effort, whatever its final form, does not bode well for cooperation on issues that voters cared about in November. Governor-elect Evers plans to work on the people’s agenda that includes fixing our roads, bridges and other parts of Wisconsin’s infrastructure too long neglected by the GOP. He wants a public education budget that fully funds our public schools and returns power to locally elected school boards to control their own district finances. He wants to expand Medicaid by accepting federal support that Walker rejected so more people have healthcare coverage.

Evers has called the proposed power grab unnecessary and potentially violative of the constitution’s separation of powers doctrine. He will have the support of his new AG, Josh Kaul, who will have no problem defending Evers’ positions.

Hopefully, some of the few moderate remaining Republican legislators can stand up and put a stop to the special session. They are the only ones who have the ability to slow the train or put it on a siding. They do so at the peril of losing financial support from GOP committees controlled by the leadership if they do not toe the line. They are the last hope for cooperation and a search for common ground in the coming legislative session.