A Fight in the Wisconsin Supreme Court?

I’m disturbed by the news circling around the Wisconsin Supreme Court. It sounds unclear exactly what happened, but an article in the Wisconsin State Journal states: “Wisconsin Supreme Court Justice David Prosser allegedly grabbed fellow Justice Ann Walsh Bradley around the neck in an argument in her chambers earlier this month, according to three knowledgeable sources.”

Prosser denies the allegations. But reading the article, it sounds like the “sources” who reported the scuffle may have been other Supreme Court justices.

It is extremely unsettling that the people charged with measuring fairness and constitutionality in our state—the people whose very title is “Justice”—can’t maintain civility with one another.

I’ve always tended to trust authority, unless given ample reason not to. Perhaps it’s naiveté, or the fact that I’m white, middle class, and female and have never felt compelled to break too many rules, but I naturally tend to assume that those in charge are worthy of their responsibilities.

To imagine our Supreme Court being so out of control, so undignified, puts a crack in my faith. How can I trust the judgment of people with so little self-control?

I’m especially disgusted by Justice Prosser’s demeanor. This is not the first time he’s exhibited lack of self-control, lack of good judgment. More from the same article:

In March, the Milwaukee Journal Sentinel reported that, in a disagreement over a case last year, Prosser had called [Chief Justice Shirley] Abrahamson a “total bitch” and threatened to “destroy” her.

Prosser, the paper reported, confirmed making the remarks, saying he “probably overreacted” while accusing Abrahamson and Bradley of being “masters at deliberately goading people into perhaps incautious statements.”

What arrogance! To blame Abrahamson of “goading” him into name-calling indicates that Prosser has no humility, no ability to accept responsibility for his actions. Would he also blame Bradley for “goading” him into attacking her, if the choking allegations prove to be true?

It’s noteworthy that the alleged choking incident occurred on the day before the Court ruled on the notorious Budget Repair Bill, the bill that triggered the Wisconsin protests in February and March. It’s unclear whether their argument was about the bill, but it seems a reasonable guess.

On June 14^th, when I first heard that the Court had ruled to uphold the Budget Repair Bill, I was standing outside the Capitol at a budget day rally. The ruling had been announced just hours before the legislature was supposed to vote on the state budget for the next biennium. (The timing wasn’t a coincidence: the Legislature had stated that, if the Court didn’t rule on the Budget Repair Bill by the 14th, they would just incorporate its provisions into the state budget and pass it that way.)

The news of the Court’s upholding the bill was disheartening; it felt as if a gray cloud passed across the sunny sky. As I struggled to find a silver lining, I also felt that even though I was opposed to the bill, the Supreme Court’s ruling gave the bill a new legitimacy. I went home feeling resigned and rueful, but still vaguely trusting.

This news of physical conflict between Supreme Court Justices takes away the naïve trust I had that day. Even if Bradley’s allegations are false, it means that at least one of the nine Justices (Bradley) is behaving in a matter not befitting a judge. And regardless of whether Prosser choked Bradley, I’d definitely put him in that category, as well, based on his earlier comments about Abrahamson.

I see now that partisanship and fallibility goes all the way to the top. How can we trust in our laws and our government if even our judges behave this way? It seems that the need for dialogue is even more dire than I had imagined.