Here & Now

Burns On His Wisconsin Supreme Court Run

Frederica Freyberg:

Now for a look ahead to the February 20 State Supreme Court primary election. The general election is April 3rd. Tonight, the first of our interviews with candidates in the race. Middleton attorney Tim Burns is a past chair of the American Bar Association’s Fair and Impartial Courts Committee. He currently serves on the National Board of the American Constitution Society, an organization that focuses on Constitutional issues. Tim Burns joins us now and thanks very much for being here.

Tim Burns:

Thank you so much for inviting me, Frederica. I’m happy to be here today.

Frederica Freyberg:

Why do you believe that you would be the best among the candidates running for State Supreme Court?

Tim Burns:

Frederica, I am the most likely candidate to stand up to Scott Walker and the legislature when they act outside the law. First, for my entire career, for the past 26 years, I have been standing up against giant insurance companies. That has been my practice, and I've gained a national reputation. And then also my values, quite honestly. I’ve been very open about my progressive political values in this campaign because I believe voters need to know what they’re voting for. If you elect judges, voters need to know. So when I say that I believe in one person/one vote, a woman’s right to choose, I am making a statement of candor with voters. And we need that on the court as well if we’re going to stand up to lawlessness.

Frederica Freyberg:

But how does that square with the idea that a Supreme Court justice is to be impartial?

Tim Burns:

So it depends on what you mean by impartiality. Let me tell you a little secret. Fifty-year-old lawyers and fifty-year-old people like me have points of view. I’ve spent my lifetime reading about the history and politics and legal system of this country. I have strong opinions. And in fact no one who serves on the Supreme Court is a blank slate. You expect people to come to that position having informed themselves of the law and our political system. And when you inform yourself, you develop opinions. Does that mean I prejudge cases? No. But it does mean that I have views on the law. Ordinary voters understand this. They don’t think it’s a mystery that the Republicans spent so much time trying to keep Merrick Garland off the U.S. Supreme Court and to put Neil Gorsuch on. Our courts — every major political question in this country comes before our courts and you better know what the values of the judges are.

Frederica Freyberg:

You said that you were spurred to run because of Donald Trump. How so?

Tim Burns:

So look. In many sort of ways, I am very fortunate person. My grandparents were Mississippi sharecroppers. My father was forced out of school by poverty in the 5th grade, my mother in the 10th grade. The only thing that made me possible was our middle class economy and the opportunity it offered. And Donald Trump I see as not only a danger to that middle class economy, he will further skew things toward the one percent. But he’s also a basic danger to our democracy. And on top of that, my children are from China, Frederica. And they’re first generation immigrants. We adopted them from China. So when he talks about immigration in the way he talks about it, it scares me. It scares me over what we’ve become. And when I'm afraid, I don’t cower in a corner, I stand up and fight for change.

Frederica Freyberg:

You said that you are also driven by anger. What does that mean?

Tim Burns:

It's the same thing. It’s — you know, having my children, most important thing in my life, and to see him talk about immigrants the way he did really did spur me on to act. Because it’s fundamentally a racial argument and a religion argument as well. It isn’t just saying we don’t want any immigrants. What he’s saying, it’s the normal divide talk. We only want the white immigrants. Whether he says it or not, that’s what he’s — looks to be aiming at. Completely unacceptable.

Frederica Freyberg:

And how would a role on the State Supreme Court ameliorate some of that anger?

Tim Burns:

So– the Supreme Courts in this country, like our Supreme Court, take 50 to 60 cases a year. They’re not handling every appeal. They’re not serving as an umpire. Fundamentally, what they do is shape our economy and our political system, when we’re talking whether unions are going to be busted, like the Supreme Court upholding Act 10 or photo ID. Every major political issue comes before our courts. And if you want to change things, if you want to get our democracy back, if you want equal opportunity for people who struggle, you have to participate. And I thought my best role would be to change this court.

Frederica Freyberg:

All right. Tim Burns, thanks very much.

Tim Burns:

Thank you.