Traverse City Record-Eagle

Election 2008

October 11, 2008

Op-Ed: Many obstacles for Hathaway

Atop the Michigan ballot, Democratic presidential candidate Barack Obama is in good shape, based on polling and the demoralizing impact on fellow Republicans of John McCain's puzzling pullout from a state where he had much going for him.

But way down the ballot -- in fact on the nonpartisan ballot that far too many voters will ignore -- the Democratic challenger of Michigan Supreme Court Chief Justice Cliff Taylor faces an uphill battle, despite some polling indicating that Taylor could be vulnerable in his quest for a third term.

The challenger, Wayne County Circuit Judge Diane Marie Hathaway, will undoubtedly be far outspent and has the disadvantage that Taylor, whose well-heeled fans include the Michigan Chamber of Commerce that has long been an effective force in high court races, will have incumbent designation on the ballot.

Both Taylor and Hathaway are firing off missives to their party loyalists urging them not to neglect the nonpartisan portion of their ballots: "Remember, you are not finished until you've voted for Taylor" and "Vote all the way -- vote Hathaway."

There was some early speculation about ex-Gov. Jim Blanchard taking on Taylor. (Three ex-governors went on the Supreme Court in the last half of the 20th century, including Chief Justice G. Mennen Williams, and two were on the court in the 1800s before becoming governor.)

Says Blanchard: maybe later.

I had this recent exchange with Hathaway:

Q: What will be your primary sources of funding?

A: There's no question that Cliff Taylor is going to receive millions of dollars from insurance companies, large corporations and the Chamber in order to fund his campaign. My funding will come from people from across the state of Michigan who are fed up with the Supreme Court not following the law, not allowing their voices to be heard. My funding is going to come from independents, Republicans, Democrats, laborers, workers -- people across the state of Michigan who want a change on our Supreme Court.

Q: And the trial lawyers?

A: The trial lawyers will be included.

Q: What is the minimum amount you need?

A: I don't know what the minimum amount will be. I don't know what the maximum amount will be. But I feel that we will raise enough money to get our message across.

Q: What do you think of the method of nominating Supreme Court justices? (The folly is that partisan conventions nominate candidates to the nonpartisan ballot.)

A: I was nominated by the Democratic Party. Our Supreme Court was rated the worst supreme court in the nation by the Chicago lawyers regarding judicial independence. (Her reference was to a controversial May study by the University of Chicago Law School that ranked Michigan's court 42nd in opinion quality, 40th in productivity and last in partisan independence.) And it is a little different that Michigan nominates their justices partisan but then on the ballot it becomes a nonpartisan race. I don't know what the perfect formula would be.

Q: Justice Betty Weaver has recommended term limits for Supreme Court justices. What do you think of that?

A: ... I think that is not a bad idea.

When Hathaway, who has strong support from organized labor, trial lawyers and environmentalists, was asked by an Interlochen Public Radio reporter how she would avoid criticism that she has ties to "special interests," she replied:

"I have been a trial judge for almost 16 years, and my record speaks for itself. I am beholden to no one. I have a reputation for being fair and impartial."

Last week, Hathaway was endorsed by Clean Water Action, a leading voice in an environmental movement that is increasing its political clout but still contributes a mere trickle compared to, say, the Michigan Chamber, when it comes to the oft-noted "mother's milk of politics" -- money.

In urging voters to "fire" Taylor, Clean Water Action said that Taylor and three other justices handed down a 2007 ruling that emasculated one of Michigan's most important environmental protections, the Michigan Environmental Protection Act" that became law in 1970.

The West Michigan Environmental Action Council noted that Justice Weaver, often at odds with the four other Republicans on the seven-member court, dissented with blistering criticism of the majority.

Northern scorecard

Clean Water Action last week cited three northern state House members among "the most reliable defenders of Michigan's waters" -- voting 100 percent correct on issues that it cited as important.

They are Reps. Matthew Gillard, D-Alpena; Steven Lindberg, D-Marquette; and Gary McDowell, D-Rudyard.

The percentages cited for other northern House members: Darwin Booher, R-Evart, 34; Tom Casperson, R-Escanaba, 34; Kevin Elsenheimer, R-Kewadin, 21; Michael Lahti, D-Hancock, 93; David Palsrok, R-Manistee, 34; Joel Sheltron, D-West Branch, 93; and Howard Walker, R-Traverse City, 34.

George Weeks retired in 2006 after 22 years as political columnist for The Detroit News. His weekly Michigan Politics column is syndicated by Superior Features.

Text Only
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