My latest white paper has just been published by the Federalist Society and is on line here. Some commenters on this blog have been interested in my relationship with the Federalist Society. I am part of its State Courts project which attempts to raise issues about state supreme courts often in conjunction with a supreme court race because that is when the public is interested. The Society takes no position on the races and that is why I decided not to endorse or be involved in any campaign - both in 07 and now.
This blog is not part of that effort, although there is obviously a great deal of overlap between what I write here and what I might do as part of the Federalist Society's project.
One of the things that the Society often does in connection with its project in the various states is to engage an academic or practitioner to write a white paper. I did that last year on judicial restraint and this year on emerging issues before the Court. Because that takes a lot of time, the Society offers an honorarium and some money for research assistance.
But the Federalist Society does not tell me what to say and does not edit my work - apart from being kind enough to catch a few typos and other small things. The views expressed are mine and mine alone as are any errors.
This year's white paper does not, if I recall correctly, even contain the words "Butler" or "Gableman." The point is to offer some areas where the Court is about to or might act - in the interest of educating the public about how important these elections are. The discussion of those issues is fairly descriptive, although there is some editorial comment.
Finally, a point of clarification. I know that one reader of this blog has contacted the Milwaukee Federalists to ask them to comment of the fact that I was being "paid to comment on issues in the Supreme Court race." That's not really accurate. First, my relationship on this is with the national office, not the Milwaukee Chapter and, second, what I have been or will be paid for is to write this white paper and last years.