>> I'M FREDERICA FREYBERG.
TONIGHT ON "HERE AND NOW," A
FIRST LOOK AT POSSIBLE RIPPLE
EFFECTS FROM THE ALABAMA
ELECTION.
AFTER THAT, A CLOSER LOOK AT
WHAT ELIMINATING NET NEUTRALITY
MEANS TO YOUR INTERNET ACCESS.
HURDLES FACED BY SOME FACING
WORKER'S COMP IN WISCONSIN.
WE LAUNCH OUR LOOK AHEAD INTO
THE STATE SUPREME COURT RACE
WITH AN INTERVIEW WITH CANDIDATE
TIM BURNS.
IT'S "HERE AND NOW" FOR
DECEMBER 15.
>> FUNDING FOR "HERE AND NOW" IS
PROVIDED, IN PART, BY FRIENDS OF
WISCONSIN PUBLIC TELEVISION.
>> A FIRST LOOK TONIGHT AT THE
DRAMATIC ELECTION IN ALABAMA
THIS WEEK, A DRAMA THAT
PROPELLED A DEMOCRAT TO THE U.S.
SENATE IN ALABAMA FOR THE FIRST
TIME IN 20 YEARS.
DOUG JONES RIDING ON A TIDE OF
SUPPORT DEFEATED REPUBLICAN
CANDIDATE ROY MOORE IN SPIEFT
MOORE'S ENDORSEMENT BY PRESIDENT
TRUMP.
HIS INFLAMMATORY ON RACE AND
WOMEN AND SEXUAL ALLEGATIONS
BECAME A LITMUS TEST OF THE
CURRENT POLITICAL MOMENT.
FOR INSIGHT, WE TURN TO MORDECAI
LEE, A PROFESSOR IN THE
POLITICAL SCIENCE DEPARTMENT AT
UW-MILWAUKEE.
THANKS VERY MUCH FOR BEING HERE.
>> THANKS FOR INVITING ME.
>> WAS THE ALABAMA ELECTION
REALLY JUST ABOUT A BAD
CANDIDATE?
>> I THINK IT'S REALLY EASY TO
OVER-INTERPRET THE RESULTS.
YOU'RE RIGHT.
HE WAS A BAD CANDIDATE IN THE
SENSE HE WAS A BRIDGE TOO FAR
EVEN FOR PEOPLE WHO GENERALLY
VOTE FOR REPUBLICANS.
SO IT DOESN'T MEAN A LOT.
IT SHOWED YOU THAT THERE'S AN
OUTER LIMIT TO WHAT IN A SENSE
SOCCER MOMS WILL VOTE FOR.
IT ALSO SHOWED US UNDER CERTAIN
CIRCUMSTANCES YOU CAN HAVE A
HIGHER THAN AVERAGE TURNOUT IN
COLLEGE TOWNS AND WITH
AFRICAN-AMERICANS.
NONETHELESS, THOSE ARE MODERATE
RESULTS.
WE SHOULDN'T READ TOO MUCH INTO
IT.
>> WAS IT A REFERENDUM A
PRESIDENT TRUMP, IN YOUR MIND?
>> YOU KNOW, TO A CERTAIN EXTENT
EVERY ELECTION THAT OCCURS WHEN
THERE'S A SITTING PRESIDENT
COULD BE INTERPRETED AS A
REFERENDUM ON THE PRESIDENT.
THIS PROBABLY WAS A LITTLE BIT.
VIRGINIA PROBABLY WAS A LITTLE
BIT.
BUT GENERALLY SPEAKING IF WE
TALK ABOUT WISCONSIN POLITICS,
EVEN THOUGH EVERY MIDTERM
ELECTION PEOPLE START SAYING
THIS IS A REFERENDUM ON THE
PRESIDENT, WHETHER IT'S A
DEMOCRAT OR REPUBLICAN,
GENERALLY SPEAKING WISCONSIN
ELECTION RESULTS ARE NOT A
REFERENDUM ON THE SITTING
PRESIDENT.
>> NOW, YOU TALKED ABOUT TURNOUT
JUST A MOMENT AGO, BUT HOW DID
THIS ELECTION TURN ON VOTER
TURNOUT?
>> WELL, IT TURNED ON VOTER
TURNOUT IN BOTH THE PLUSES AND
THE NEGATIVES.
IT WAS A NEGATIVE IN THE SENSE
THAT SOME TYPICAL REPUBLICAN
VOTERS STAYED HOME.
SOME TYPICAL REPUBLICAN VOTERS
WROTE IN A NOMINEE.
IN OTHER WORDS, THEY DIDN'T VOTE
FOR THEIR PARTY EATS CANDIDATE.
THAT MARGIN WOULD HAVE BEEN
ENOUGH TO CHANGE RESULTS.
THE DEMOCRATIC BASE TURNED OUT
IN AN ABOVE AVERAGE WAY.
SO FE IF WE WANT TO TRANCE LAITD
THAT TO WISCONSIN, IN WISCONSIN
WE'RE GOING TO BE HAVING A
MIDTERM ELECTIONS.
THEY HAVE A LOWER TURNOUT THAN
YOU WOULD EXPECT FROM
PRESIDENTIAL ELECTIONS,
GENERALLY SPEAKING, BASED ON
ECONOMICS, THE LOWER THE TURNOUT
IN WISCONSIN, THE MORE THE
RESULTS SKEW FOR REPUBLICANS.
FOR DEMOCRATS THIS IS A HEAVY
LIFT.
THIS IS GETTING A PRESIDENTIAL
TURNOUT IN A NONPRESIDENTIAL
YEAR.
>> YOU DON'T BELIEVE DEMOCRATS
SHOULD BELIEVE THE ALABAMA
RESULTS NECESSARILY CARRY
FORWARD?
>> WELL, ASK ME THE DAY AFTER
THE ELECTION AND THEN WE CAN
KNOW FOR SURE.
BUT DOES IT GIVE DEMOCRATS
OPTIMISM WHEN THEY LOOK AT IT
ACROSS THE BOARD, NOT JUST
ALABAMA, BUT VIRGINIA?
SURE.
THEY WANT TO REELECT A SITTING
U.S. SENATOR IN AN OFF-YEAR
ELECTION.
SO THERE'S SOMETHING TO
ENCOURAGE THEM.
BUT I'D SAY GENERALLY SPEAKING
WE SHOULD EXPECT THAT
REPUBLICANS WOULD BE IN A BETTER
POSITION.
>> IT'S INTERESTING, THOUGH,
BECAUSE JUST AFTER THE ELECTION
RESULTS CAME IN, THERE WAS A LOT
OF TALK ABOUT HOW BADLY HURT
REPUBLICANS WOULD BE BY THIS.
BUT YOU DON'T THINK SO?
>> WELL, THERE'S NO DOUBT THAT
THE REPUBLICAN BRAND IS HURT
GENERALLY SPEAKING BY TRUMP, BUT
IF YOU LOOK AT WHAT HAPPENED A
YEAR AGO -- EXCUSE ME, IN 2016,
TRUMP LOSES THE WISCONSIN
PRIMARY TO A MORE ESTABLISHMENT
CANDIDATE.
THAT'S GOOD NEWS FOR A
CANDIDATE.
TRUMP WINS WISCONSIN IN THE
GENERAL ELECTION.
THAT'S APPEALING RESULT WHEN IT
COMES TO MICKELSON.
REPUBLICANS HAVE TO WEIGH IT, DO
WE VOTE FOR WHO WE LOVE IN THE
PRIMARY OR VOTE FOR THE PERSON
WHO WE THINK HAS THE BETTER
CHANCE OF WINNING?
NOW, OF COURSE VUCHNER CAN MAKE
THE CASE THAT SHE CAN WIN IN
NOVEMBER.
BUT IF WE'RE TALKING ABOUT
ESTABLISHMENT PARTIES, HIGH
TURNOUT IN WISCONSIN WOULD BE
MORE BENEFICIAL TO THE TRUMP
CANDIDATE.
>> LET'S PIVOT A LITTLE BIT AND
LET ME ASK YOU ABOUT RUMORS THAT
PAUL RYAN IS GOING TO RETIRE.
WHAT DO YOU MAKE OF THOSE?
>> I THINK IT'S TRUE.
EVER SINCE HE READ "ATLAS SHRUG"
IN COLLEGE, HE BELIEVED THAT THE
CREATIVE CLASS HAS MORE MONEY.
AND THEN HE SAT THE FEET OF JACK
CUMP,KEMP, A BELIEVER IN ECONOMICS,
THE CURVE, SO HE'S WANTED TO
WANT THE MARGINAL RATES FOR
UPPER INCOMES.
HE'S ACCOMPLISHED HIS LIFE
STREAM.
WHAT'S THE SECOND ACT?
IT CAN ONLY BE ANTICLIMATIC.
HE'SBEEN IN FOR 20 YEARS.
I THINK IT'S TRUE.
I THINK HE'S LIKELY TO STEP
DOWN.
>> THE SECOND ACT HE HAS ALSO
HERALDED FOR YEARS IS
ENTITLEMENT REFORM.
>> I THINK ENTITLEMENT REFORM
FROM A POLITICAL POINT OF VIEW
IS ANOTHER BRIDGE TOO FAR.
IF WE LOOK BACK, GEORGE W. BUSH
GETS REELECTED, SAYS HE WANTS TO
SPEND HIS SECOND TERM TO REFORM
SOCIAL SECURITY.
IT WENT NOWHERE.
HE REALLY WASTED ALL THAT
POLITICAL CAPITAL.
I THINK THAT RYAN IS A VERY GOOD
ACCOMPLISHPOLITICIAN.
HE PROBABLY REALIZES THE ODDS
ARE OF NOT SUCCEEDING.
SO WHY NOT GO OUT ON A HIGH.
>> MORDECAI LEE, WE LEAVE IT
THERE.
THANKS VERY MUCH.
>> THANK YOU, FREDERICA.
>> THE FEDERAL COMMUNICATIONS
COMMISSION THIS WEEK VOTED TO
REPEAL SO-CALLED NET NEUTRALITY.
IN TONIGHT'S CLOSER LOOK, WE
CHECK IN WITH TELECOMMUNICATIONS
AND INTERNET EXPERT BARRY ORTON.
HE'S PREFERPROFESSOR EMERITUS AT
UW-MADISON.
DESCRIBE WHAT NET NEUTRALITY
WAS.
>> WELL, IT WAS THE IDEA THAT
THE INTERNET IS LIKE A PUBLIC
UTILITY AND THAT GOVERNMENT
ESSENTIALLY WOULD ASSURE THAT
ALL USERS OF THE INTERNET WERE
TREATED EQUALLY AND PROVIDERS OF
THE INTERNET COULDN'T
DISCRIMINATE BETWEEN TYPES OF
CONTENT.
>> SO WHAT WILL REPEALING IT
MEAN FOR CONSUMERS?
>> IN THE SHORT RUN PROBABLY
VERY LITTLE.
IN THE LONGER RUN IT MEANS
CONSUMERS WILL PAY MORE FOR
INTERNET SERVICE AND FOR
SPECIFIC THINGS ON THE INTERNET
LIKE FACEBOOK OR GOOGLE OR
AMAZON BECAUSE THEY WILL BE ON
THE SO-CALLED FAST LANE AND
EVERYBODY ELSE WILL BE ON THE
REGULAR LANE AND TO PAY -- TO
GET ON THE FAST LANE YOU'LL HAVE
TO PAY THE PROVIDERS MORE AND
THE PROVIDERS HERE ARE AT&T AND
VERIZON ON THE PHONE SIDE AND
CHARTER AND COMCAST AND OTHERS
ON THE CABLE SIDE.
>> WHAT WILL THIS MEAN FOR THE
SERVICE PROVIDERS?
>> THEY WILL MAKE MORE MONEY AND
HAVE LESS GOVERNMENT OVERSIGHT.
>> SOME PEOPLE ARE SAYING THIS
WILL BE A GOOD THING SHES THIS, THIS
REPEAL, FOR IEWRL IEWRL AREAS.
RURAL AREAS.
>> I DON'T THINK THERE WILL BE
ANY IMPACT ON RURAL AREAS.
THIS IS NOT GOING TO IMPACT HOW
FAST PROVIDERS BUILD OUT RURAL
AREAS.
IT WILL IMPACT HOW MUCH MONEY
THEY CAN CHARGE THEIR EXISTING
CUSTOMERS.
I DON'T THINK THERE'S GOING TO
BE ANY IMPACT AT ALL, POSITIVE
OR NEGATIVE, ON RURAL,
UNDER-SERVED AREAS.
THEY'LL REMAIN UNDER-SERVED.
>> EXCEPT IF YOU DO HAVE THE
SERVICE YOU'RE LIKELY TO PAY
MORE.
>> RIGHT, BUT IT WON'T MAKE ANY
DIFFERENCE IN ERMS IT OF
AVAILABILITY.
>> WHAT ABOUT PEOPLE CONCERNED
ABOUT THE AVAILABILITY IN
SCHOOLS, FOR EXAMPLE?
>> WELL, SCHOOLS ARE A SEPARATE
PROBLEM.
THEY ARE BASICALLY CONNECTED AND
GET SOME KIND OF DISCOUNTS TO BE
CONNECTED, DEPENDING ON WHERE
THEY ARE IN THE STATE AND WHAT
THEIR PROVISIONS ARE.
BUT THEY'RE REALLY GETTING
CONNECTED THROUGH THE EXISTING
SERVICE PROVIDERS AND HAVING
THEIR CONNECTIVITY SUBSIDIZED IN
SOME WAY AND THAT'S REALLY KIND
OF A GOVERNMENT SUBSIDY.
THAT WILL CONTINUE.
THAT HAS NOTHING WHATSOEVER TO
DO WITH THE DECISION OF THE FCC
THIS WEEK.
>> SO HOW WILL IT AFFECT
START-UP KIND OF COMPANIES?
>> WELL, HERE'S THE REAL FEAR,
THAT START-UP COMPANIES,
GRADUATE STUDENTS TRYING TO
BUILD THE NEXT GOOGLE IN THEIR
GARAGE, THEY WILL HAVE TO PAY AN
ADDITIONAL AMOUNT TO GET CARRIED
ON A PRIORITY LANE IF THEY WANT
TO BE SEEN AND CONNECTED FASTER.
THOSE START-UPS DON'T HAVE THE
MONEY TO COMPETE WITH THE
GOOGLES.
THIS REALLY HELPS THE VERY BIG,
ESTABLISHED COMPANIES FIGHT OFF
NEW SERVICES AND NEW
COMPETITORS.
AND THAT'S REALLY NOT WHAT IT'S
BEING ADVERTISED AS.
>> I'VE READ SOME SERVICE
PROVIDERS SAYING, DON'T WORRY,
WE'RE NOT GOING TO DO THAT.
>> YES.
IT CHANGES THE INTERNET TO THE
HONOR SYSTEM.
WE DON'T DO THAT.
WE WON'T DO THAT.
IF WE DO THAT, WE'LL TELL YOU
WHEN WE'RE DOING IT.
IT REALLY STRIPS THE GOVERNMENT,
PARTICULARLY THROUGH THE FCC, OF
THE LEGAL POWER TO STOP THEM
FROM DOING THINGS THAT THEIR
CONTRACTS DON'T ALLOW THEM TO
DO.
>> BUT WHY SHOULD THE INTERNET
BE REGULATED IN A FREE MARKET?
>> BECAUSE THE INTERNET HAS
BECOME LIKE A PUBLIC UTILITY.
IT'S BECOME AS UBIQUITOUS AND AS
NECESSARY TO NORMAL MODERN LIFE
AS ELECTRICITY OR WATER OR ANY
OF THE THINGS THAT WE NOW
REGULATE AS PUBLIC UTILITIES
THAT ARE REALLY MONOPOLY-LIKE
AND THAT EVERYDAY LIFE DEPENDS
ON.
THOSE UTILITIES ARE REGULATED
THROUGH STATE PUBLIC UTILITY
COMMISSIONS.
IN THIS STATE IT'S THE PUBLIC
SERVICE COMMISSION.
AND THROUGH FEDERAL COMMISSIONS
LIKE THE FEDERAL COMMUNICATIONS
COMMISSION.
THIS DECISION BY A
REPUBLICAN-DOMINATED FEDERAL
COMMUNICATIONS COMMISSION
ESSENTIALLY SAYS THE INTERNET IS
MORE LIKE CABLE TELEVISION AND
WE'RE GOING TO TRUST THOSE
COMPANIES THAT PROVIDE IT TO
BUNDLE THE SERVICES AND CHARGE
FOR THOSE SERVICES WITHOUT
GOVERNMENT OVERSIGHT BECAUSE
IT'S NOT VERY IMPORTANT.
IT'S A LUXURY.
IT'S ENTERTAINMENT.
AND I THINK THAT'S ABSOLUTELY
100% THE WRONG DECISION.
>> DO YOU EXPECT THAT ANY COURT
CHALLENGES WOULD BE SUCCESSFUL?
>> I DON'T KNOW.
THERE WILL BE MANY COURT
CHALLENGES.
THEY'RE ALREADY STARTED.
WHETHER THEY'LL BE SUCCESSFUL OR
NOT IS A REALLY OPEN QUESTION.
THAT DEPENDS ON WHICH JUDGES
THEY'RE SEEN BY.
BUT ONE OF THE REAL TROUBLING
THINGS THAT'S HAPPENED WITH THIS
DECISION IS IT'S BEEN KNOWN THAT
MANY OF THE PUBLIC COMMENTS, THE
LEGAL LANGUAGE THAT THEY'RE
BASING THE DECISION ON, HAVE
COME FROM NONPEOPLE.
THEY'VE COME FROM BOTS.
THEY ARE FAKE FILINGS.
PEOPLE WHO ARE DEAD HAVE FILED.
PEOPLE WHO DON'T EXIST HAVE
FILED.
ORGANIZATIONS THAT DON'T EXIST
HAVE FILED.
RUSSIANS HAVE FILED.
AND SO THERE IS CONSIDERABLE
EVIDENCE THAT 24 STATE ATTORNEY
GENERALS HAVE FILED SUIT SAYING
THIS IS BASED ON FRAUD.
SO IF THE DECISION IS BASED ON
FRAUDULENT FILINGS AND THERE'S A
REAL LEGAL CONCERN HERE.
>> WE'LL BE WATCHING THAT.
BARRY ORTON, THANKS VERY MUCH.
>> THANK YOU FOR HAVING ME.
>> WISCONSIN'S U.S. SENATORS
HAVE OPPOSING POSITIONS ON THE
DEREGULATION.
RON JOHNSON SAID, QUOTE, NET
NEUTRALITY IS A CLEVER MARKETING
SLOGAN, BUT IT WAS USED TO
CREATE TERRIBLE POLICY THAT
REDUCED BROADBAND INVESTMENTS
NECESSARY TO IMPROVE ACCESS FOR
RURAL WISCONSINITES.
BALDWIN SAID THE FCC VOTED TO
ROLL BACK NET NEW ON TRALT NEUTRALITY RULES
AND CREATED AN UNEVEN PLAYING
FIELD IN THE ONLINE MARKETPLACE
FOR SERVICES AND IDEAS.
>> NEXT FROM OUR PARTNERS AT THE
WISCONSIN CENTER FOR
INVESTIGATIVE JOURNALISM,
WORKER'S COMP CLAIMS IN
WISCONSIN AND WHETHER INJURED
WORKERS ARE BEING DENIED BY THE
STATE LABOR AND INDUSTRY REVIEW
COMMISSION, STACKED SINCE 2013
WITH SCOTT WALKER APPOINTEES.
DEE HALL IS MANAGING EDITOR AT
THE CENTER.
THANKS VERY MUCH FOR BEING HERE.
>> THANKS FOR HAVING ME.
>> WHY DID YOU START DIGGING
INTO THIS?
>> THIS IS PART OF AN OVERALL
INVESTIGATION THAT WE HAVE BEEN
DOING CALLED BROKEN WHISTLE.
WE'RE LOOKING AT WHISTLE-BLOWING
IN WISCONSIN AND EFFORTS TO GET
RID OF FRAUD AND ABUSE IN
GOVERNMENT.
IT'S AN UNEVEN EFFORT.
>> WHAT'S AN EXAMPLE FROM YOUR
REPORTING OF WORKER'S COMP OF A
CASE THAT WAS DENIED?
>> SO WE LOOKED AT -- WE
FEATURED A CASE OF RICHARD
DECKER.
HE HAD WORKED FOR 36 YEARS AT
KOHLER COMPANY MAKING TOILETS
THERE, WAS PROUD, WAS A HARD
WORKER, WORKED A LOT OF OVERTIME
AND WEEKENDS.
AND HE -- IN 2010 HE WAS HIT ON
THE HEAD BY AN 80-POUND TOILET
AND KNOCKED OUT.
HE ATTEMPTED TO GO BACK TO WORK,
BUT HE HAD ONGOING SYMPTOMS,
DIZZINESS.
HE'S DEVELOPED A STUTTER.
HE IS EXHAUSTED.
HE'S GOT A LOT OF PAIN.
AND SO HE FILED FOR WORKER'S
COMPENSATION AND HE WAS DENIED.
>> AND ON THE BASIS OF?
>> SO WHAT HAPPENED IN HIS CASE
AND HAPPENS IN MANY CASES IS HIS
DOCTORS, HIS PERSONAL DOCTORS,
CAME FORWARD AND SAID WE THINK
THAT HE IS IN THE END
PERMANENTLY DISABLED, FULLY AND
PERMANENTLY DISABLED.
THE SELF-INSURED COMPANY,
KOHLER, HIRED ITS OWN EXPERTS TO
SAY THAT, NO, THIS IS REALLY --
HE HEALED A LONG TIME AGO AND HE
SHOULD BE ABLE TO RETURN TO
WORK.
>> DID YOUR REPORTING FIND THAT
THE WALKER ADMINISTRATION
REJECTED WORKER'S COMP CLAIMS
MORE THAN IN PRIOR
ADMINISTRATIONS?
>> IT WAS A DIFFICULT THING.
WE WERE LOOKING TO SEE WHETHER
THERE WAS SOME IMBALANCE BECAUSE
THERE WERE PREDICTIONS BACK IN
2013 WHEN ALL THREE OF THE
COMMISSIONERS WERE WALKER
APPOINTEES THAT PERHAPS
EMPLOYERS WOULD HAVE MORE
FAVORABLE RULINGS.
THERE'S A LOCAL ATTORNEY WHO DID
A STUDY AND FOUND THAT BETWEEN
MID 2014 AND MID 2016 THAT THAT
WAS TRUE IN HIS ASSESSMENT.
HE LOOKED AT EVERY SINGLE CASE
DECIDED AND FOUND THAT
OVERWHELMINGLY WHEN DECISIONS
WERE REVERSED, THEY WERE
REVERSED IN FAVOR OF THE
EMPLOYER.
>> HOW DOES WISCONSIN COMPARE TO
OTHER STATES IN THAT REGARD?
>> I'M NOT SURE ABOUT THAT.
EACH STATE HAS ITS OWN WORKER'S
COMP PROGRAM.
WE WERE ONE OF THE FIRST
WORKER'S COMP PROGRAMS IN THE
COUNTRY OVER 100 YEARS AGO.
AND SO IT'S CALLED THE GRAND
BARGAIN, AND IT IS THAT IF
SOMEONE IS INJURED AT WORK,
RATHER THAN ASSIGNING BLAME AND
EVERYBODY GETTING THEIR --
CALLING THEIR LAWYERS IN AND
SUING, WHAT YOU'RE SUPPOSED TO
BE ABLE TO DO AS AN INJURED
WORKER IS RELY ON YOUR WORKPLACE
TO TAKE CARE OF YOU AND OF
COURSE THEN THE EMPLOYERS RELY
ON YOU BEING HONEST ABOUT YOUR
SYMPTOMS AND THE EFFECTS OF YOUR
WORKPLACE INJURIES.
SO FOR MOST PEOPLE IT WORKS THAT
WAY.
IT DOES.
BUT AS IT TURNS OUT, FOR SOME
PEOPLE IN THESE HIGH-COST CASES
LIKE THE DECKER CASE, THEY FEEL
THAT THEY WERE UNFAIRLY TREATED.
>> SO WHAT KIND OF RECOURSE DOES
SOMEONE LIKE MR. DECKER HAVE,
HAVING BEEN DENIED?
>> HIS CASE WENT TO AN
ADMINISTRATIVE LAW JUDGE WHO
DETERMINED THAT HE WAS
PERMANENTLY DISABLED.
THEN IT WAS APPEALED.
FROM THERE YOU CAN GO TO THE
CIRCUIT COURT, BUT THEIR
ATTORNEYS APPARENTLY ADVISED
THEM THAT THAT WOULD PROBABLE PROBABLY
NOT WIN.
>> WHO PAYS INTO WORKER'S COMP?
>> SO THE EMPLOYERS GET
INSURANCE FOR WORKERS COM WORKER'S
COMPENSATION AND IT DEPENDS HOW
MUCH THEY PAY, CLAIM HISTORY AND
TYPE OF BUSINESS.
IT'S IN THEIR BEST INTEREST TO
KEEP THE CLAIMS DOWN BECAUSE
THEN THEIR PREMIUMS ARE DOWN.
SO THEY ARE REQUIRED, MOST
BUSINESSES ARE REQUIRED TO BE
PAYING INTO THE SYSTEM.
>> SO WITH THAT SAID, DO
BUSINESSES IN WISCONSIN REGARD
WISCONSIN AS FRIENDLY, YOU KNOW,
OPEN FOR BUSINESS IN THIS WAY?
>> WELL, I THINK THAT THAT WAS
THE PREDICTION AND I THINK THAT
THIS ONE PARTICULAR STUDY --
AGAIN, THIS IS ONLY ONE STUDY
AND THIS WAS DONE BY A PERSON
WHO REPRESENTS INJURED WORKERS.
HE USED TO REPRESENT COMPANIES
AND EMPLOYERS, BUT NOW HE
REPRESENTS EXCLUSIVELY INJURED
WORKERS, SO THERE WILL PROBABLY
BE PEOPLE WHO WILL SAY HE'S
BIASED.
HE'S BEEN ON BOTH SIDES OF THESE
CASES.
HE TRIED TO LOOK AT THEM AS
NEUTRALLY AS HE CAN AND THERE
WERE SEVERAL THAT HE SAID BROKE
HIS HEART BECAUSE HE FELT THEY
WERE SO WRONGLY DECIDED.
>> HAS THERE BEEN RESPONSE AND
REACTION FROM THIS COMMISSION OR
THE WALKER ADMINISTRATION?
>> SO THE COMMISSION HAS A NEW
CHAIRPERSON AND SHE ISSUED A
STATEMENT SAYING THAT THERE IS
NO IDEAL PROPORTION OF PRO
EMPLOYER OR PRO WORKER
DECISIONS.
EVERY CASE SHOULD BE DECIDED ON
ITS MERITS INDIVIDUALLY AND THAT
TO TRY TO GO ABOUT AND PROVE
THAT THE COMMISSION IS TILTED
ONE WAY OR THE OTHER IS NOT
USEFUL.
SO SHE ESSENTIALLY SAYS YOU HAVE
TO JUDGE EACH CASE INDIVIDUALLY
AND THIS PARTICULAR LOOK AT IT
DOESN'T DO THAT.
>> ALL RIGHT.
WELL, DEE HALL, THANKS FOR YOUR
REPORTING.
>> THANKS FOR HAVING ME.
>> LOOK FOR THE CENTER FOR
INVESTIGATIVE JOURNALISM
REPORTING ON WORKER'S COMP
ACROSS THE STATE AND ONLINE THIS
SUNDAY.
>> NOW FOR A LOOK AHEAD TO THE
FEBRUARY 20 STATE SUPREME COURT
PRIMARY ELECTION.
THE GENERAL ELECTION IS APRIL 3.
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.
>> THANK YOU SO MUCH FOR
INVITING ME, FED REEK CA.
FREDERICA.
I'M HAPPY TO BE HERE.
>> WHY DO YOU THINK YOU WOULD BE
BEST AMONG THE CANDIDATES
RUNNING FOR WISCONSIN SUPREME
COURT?
>> 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 REP
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.
>> BUT HOW DOES THAT SQUARE WITH
THE IDEA THAT A SUPREME COURT
JUSTICE IS TO BE IMPARTIAL?
>> SO IT DEPENDS ON WHAT YOU
MEAN BY IMPARTIALITY.
LET ME TELL YOU A LITTLE SECRET.
50-YEAR-OLD LAWYERS AND
50-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 AMERICA
RICK GARLAND OFF THE U.S.
SUPREME COURT AND TO PUT NEIL
GORSUCH ON.
EVERY MAJOR POLITICAL QUESTION
IN THIS COUNTRY COMES BEFORE OUR
COURTS AND YOU BETTER KNOW WHAT
THE VALUES OF THE JUDGES ARE.
>> YOU SAID THAT YOU WERE
SPURRED TO RUN BECAUSE OF DONALD
TRUMP.
HOW SO?
>> 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 THE MIDDLE
CLASS ECONOMY, HE WILL FURTHER
SKEW THINGS TOWARD THE ONE
PERSON, BUT HE IS 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 THE WAY HE TALKS
ABOUT IT, IT SCARES ME.
IT SCARES ME OVER WHAT WE'VE
BECOME.
AND WHEN I'M AFRAID, I GET IN A
CORNER, I STAND UP AND FIGHT FOR
CHANGE.
>> YOU SAID THAT YOU ARE ALSO
DRIVEN BY ANGER.
WHAT DOES THAT MEAN?
>> 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.
>> AND HOW WOULD A ROLE ON THE
STATE SUPREME COURT AMELIORATE
SOME OF THAT ANGER?
>> 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 VOTER
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.
>> ALL RIGHT.
TIM BURNS, THANKS VERY MUCH.
>> THANK YOU.
>> NOW A TURN FROM THE JUDICIAL
TO THE EXECUTIVE BRANCH.
GOVERNOR WALKER SIGNED
LEGISLATION THIS WEEK KNOWN AS
DILLON'S LAW, WHICH ALLOWS
TRAINED INDIVIDUALS TO CARRY AND
USE EPI PENS.
ALSO THIS WEEK, HOPE FOR THE
REBIRTH OF A NORTHERN WISCONSIN
LANDMARK, TELEMARK LODGE.
A SENATE COMMITTEE HEARD FROM
THE PUBLIC ON A BILL THAT WOULD
ALLOW CABLE TO CREATE A SPECIAL
TAX DISTRICT TO ENTICE
RENOVATIONS.
IT'S EXPECTED IN THE CHAMBER IN
LATE JANUARY.
SOME WISCONSINITES WILL HEAD TO
THE POLLS NEXT TUESDAY.
TWO ASSEMBLY DISTRICTS ARE IN
PLACE, THE 58TH AND THE 66TH.
THE LONE SENATE SEAT UP FOR A
VOTE IS IN THE 10TH DISTRICT IN
WESTERN WISCONSIN.
THE TWO REPUBLICANS RUNNING ARE
STATE ASSEMBLY REPRESENTATIVE
SHANNON ZIMMERMAN AND ADAM CAR
COA.
THE DEMOCRATIC CANDIDATES ARE
JOHN CALABRESE, PATTY SCHACHTNER
AND REUBEN HERFINDAHL.
THE GENERAL ELECTIONS WILL BE
HELD IN JANUARY.
AND THAT IS OUR PROGRAM FOR
TONIGHT.
I'M FREDERICA FREYBERG.
HAVE A GREAT WEEKEND.
>> FUNDING FOR "HERE AND NOW" IS
PROVIDED, IN PART, BY FRIENDS OF
WISCONSIN PUBLIC TELEVISION.