Boots & Sabers

The blogging will continue until morale improves...

Category: Law

Ticketed in Oklahoma

This is so messed up.

OKLAHOMA CITY (AP) — An Oklahoma Highway Patrol trooper ticketed a tribal citizen with a current Otoe-Missouria Tribe license plate for failing to pay state taxes, prompting an outcry from tribal leaders who blamed Gov. Kevin Stitt‘s increasing hostility toward Native Americans.

 

Crystal Deroin, an Otoe-Missouria Tribe citizen, was ticketed for speeding near Enid on Tuesday and received a second $249 citation for failure to pay state motor vehicle taxes because she did not live on tribal land.

 

“After over 20 years of cooperation between the State and Tribes regarding vehicle tag registration, it appears the State has altered its position of understanding concerning tribal tags,” Otoe-Missouria Chairman John Shotton said in a statement. “This change was made without notice or consultation with all Tribes that operate vehicle tag registration.”

Most Oklahoma drivers pay motor vehicle taxes each year through the renewal of state license plates. But many of the 39 Native American tribes headquartered in Oklahoma also issue special tribal license plates to their citizens each year, based on a 1993 U.S. Supreme Court decision involving the Sac & Fox Nation that says the state doesn’t have the authority to tax tribal citizens who live in Indian Country.

There are entire movements around licensing and taxing people in the interests of public safety, but all of that gets thrown out the window when it comes to the tribes.

Milwaukee City Attorney Allegedly Sexually Harassed Employee

If the facts of the case are true, anyone in corporate America who takes annual sexual harassment training can tell you that it is sexual harassment. Nonconsensual touching combined with retaliation. Yup. Dead to rights. But look how long they are spinning out this process for a Democrat. Despite allegedly committing the transgression within months of taking office, he will be able to finish his four-year term before any action might – MIGHT – be taken. Democrats protect their own.

A state investigator has found “probable cause” to believe Milwaukee City Attorney Tearman Spencer violated state labor law by effectively forcing a female attorney out of his office after she reported that he had touched her inappropriately.

 

Former Assistant City Attorney Naomi Gehling filed a discrimination complaint last year with the state Department of Workforce Development’s Equal Rights Division. In it, she alleged she was “ostracized and mistreated” by Spencer after she informed a deputy city attorney and human resources staffer of the incident. She also accused him of creating a “toxic and uncomfortable” workplace for her.

 

Gehling previously disclosed that she had accused Spencer of placing his hand on her knee during a meeting on July 23, 2020, just months after he took office. Spencer has denied any wrongdoing.

 

In her preliminary finding, Leticia Daley, a state equal rights officer, said Gehling’s resignation in April 2021 appears to be a “constructive discharge,” meaning Gehling felt she had no option but to resign because of her “sex and her report of unlawful discrimination.”

 

[…]

 

If Gehling and the city don’t settle, her complaint is scheduled to go before a state administrative law judge on April 23 and 24 — three weeks after Milwaukee voters are to decide whether to re-elect Spencer.

[…]

Spencer, who is in his first term, has not said if he is running for re-election on April 2. Already in the race is state Rep. Evan Goyke (D-Milwaukee).

Republicans amend their way to secure elections

Here is my full column that ran in the Washington County Daily News last week:

Wisconsin’s reputation for clean elections has suffered mortal blows in recent years thanks to the aggressive assault by leftists to undermine our election laws and procedures. Their efforts have been so successful that they are redoubling their efforts to bludgeon our electoral system into an instrument to extend leftist ideology.

 

Defending against the leftist onslaught, Republicans in the Legislature have been working to codify some key electoral protections into the state Constitution. Even constitutional protections are not safe from the activist leftist Wisconsin Supreme Court, but constitutional ramparts are stronger than statutory ones. The process to amend the state Constitution is long, but simple. Both houses of the state Legislature must pass the same constitutional amendment in two successive legislatures, then the amendment is submitted to the voters of the state. If the voters pass it, then the Constitution is amended. The process intentional excludes the executive and judicial branches, relegating the text of the Constitution the sole domain of the elected Legislature and the state’s electors. The Republicans currently have three amendments concerning election integrity working their way to the voters. The first proposed amendment would prohibit governments from accepting private money to manage elections and prohibit anyone except election officials from administering anything to do with running an election.

 

This amendment is in response to the “Zuckerbucks” that polluted our 2020 presidential election. Billionaire Mark Zuckerberg spearheaded an effort to pour millions of dollars and dozens of people into Democratic cities to “help” administer elections. This amendment would prohibit such activities and keep administering our elections the exclusive responsibility and authority of elected and appointed government officials. This amendment is up for its second vote this year could be on the ballot as soon as April for the voters’ consideration.

 

The second proposed amendment would change the state Constitution to ensure that only United States citizens can vote in Wisconsin’s elections. It is already the law in Wisconsin that only U.S. citizens can vote, but the Constitution actually states that, “Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district.” “Every” is the key word because it does not exclude non-citizens from voting. It simply says that every U.S. citizen can vote. It does not say that non-citizens cannot vote. Wisconsin state and local laws prohibit non-citizens from voting, but the Constitution does not.

 

Part of the leftist agenda is to get the millions of illegal aliens that the Biden administration has been helping flood into America to vote. They believe that the leftist agenda of opening the borders and providing welfare to millions of impoverished foreigners will be appreciated and reciprocated with their votes. Leftists throughout the country are pushing to allow non-citizens — illegal and otherwise — to legally vote in local elections to start. They have long winked and turned a blind eye to non-citizens voting illegally.

 

The amendment to ensure that citizenship means something and that only citizens can legally vote should be on the ballot for consideration by the voters in 2024.

 

The third proposed constitutional amendment is only on its first reading, so it will not be submitted to the voters until at least 2025. Several years ago, the Legislature and Governor Scott Walker enacted voter ID with wide public support. Protecting our elections by ensuring that people prove their identity and eligibility to vote by showing a qualified picture ID is a simple, common-sense, measure that remains very popular.

 

Like so many common-sense laws, Wisconsin’s leftists have been undermining the law and are counting on the newly minted leftist Supreme Court to throw out the law on some hogwash pretense. The leftists seem to want non-citizens and other ineligible persons to vote and voter ID puts a crimp in their agenda.

 

To try to protect voter ID, the third proposed constitutional amendment would enshrine it into the Constitution. Normally this is something that would be more appropriate for the statutes instead of the Constitution, but extraordinary times call for extraordinary measures. Hopefully the voters will have their say (again) on this issue in 2025.

 

All three proposed constitutional amendments are policies that enjoy wide public support, but nothing is ever certain in Wisconsin’s elections. Get out and vote.

UW Hospital Sued Over Gender Surgeries

There will be many of these.

A lawsuit filed in Dane County Circuit Court alleges two UW Hospital surgeons performed gender-affirming surgeries on a young woman without her consent.

 

According to the lawsuit, filed Wednesday, Dr. Jay Lick performed a hysterectomy on the patient when she was 19, and Dr. Katherine Gast performed a double mastectomy on the patient when she was 21.

 

While in her late teens, the woman diagnosed herself with gender dysphoria, a clinical symptom defined by the American Academy of Pediatrics as “a sense of alienation to some or all of the physical characteristics or social roles of one’s assigned gender.” Gender dysphoria is also recognized in the Diagnostic and Statistical Manual of Mental Disorders, the guide used by mental health professionals in the United States.

 

[…]

 

The case also names University of Wisconsin Hospitals and Clinics Authority, the organization that owns UW Hospital, and the Injured Patients and Families Compensation Fund, which compensates patients who are injured, or the family of those who die, as a result of medical malpractice cases.

Evers Appeals to Leftist Court to Reject Checks and Balances

Evers is moving fast to get the high court to give the Executive Branch more unrestrained power.

MADISON, Wis. (AP) — Wisconsin Democratic Gov.  on Tuesday sued the Republican-controlled Legislature, arguing that it is obstructing basic government functions, including signing off on pay raises for university employees that were previously approved.

 

Evers is asking the liberal-controlled Wisconsin Supreme Court to take the case directly, bypassing lower courts.

 

Evers said it was “a bridge too far” and “just bull s—” that Republican state lawmakers were telling 35,000 University of Wisconsin employees who were expecting pay raises to “stick it.”

Wisconsin Supreme Court begins assault

Here is my full column that ran in the Washington County Daily News earlier this week:

After the new leftists majority on the Wisconsin Supreme Court launched an aggressive interbranch offensive against the legislative branch, the Legislature appears poised to return fire. It is going to get messy.

 

Our Wisconsin state government, modeled after the national government, is designed with three co-equal branches. Each branch is empowered with specific powers to check the other two branches. The structure is designed to prevent any single branch from becoming preeminent, or tyrannical, at the expense of the other two branches. The checks are designed to preserve the balance.

 

When Janet Protasiewicz was elected to the Wisconsin Supreme Court in April, she tipped the balance of the court from conservative to leftist. Normally, such changes in the past have been frustrating for the losing side, but not dramatic. Liberals dominated the court as recently as 2008 and they had held that majority for decades.

 

This time is different. Both Protasiewicz and her fellow judicial leftists made it very clear during the election that they planned to use their majority power on the court to advance their leftist political agenda. Protasiewicz campaigned at length on topics like abortion, Act 10, and legislative maps. This is a significant change from a time when judges promised to rule on the facts of cases that might come before them to overtly advocating for changing policy from the bench. It is a blunt usurpation of power for the Supreme Court to take upon itself the power of creating and changing laws. That power is reserved for the legislative branch with approval of the executive branch.

 

We see events playing out as predicted by this column. Taking the Judicial Junta up on their offer to invalidate the legislature and make law from the bench, a group of leftist special interests filed a lawsuit asking to redraw Wisconsin’s political maps. Last week, the court agreed to bypass all of the lower courts and take original action on the case.

 

The post-census decennial apportionment of legislative boundaries is exclusively a power of the legislative branch as detailed in Article IV, Section 3, of the state Constitution. Despite the fact that the maps were duly debated, passed, challenged in several courts, and affirmed as legal and constitutional by state and federal courts, this group is challenging them again. The only thing that has changed since the maps were decided is that a Judicial Junta took over the court with the election of Protasiewicz. The law has not changed. The Constitution has not changed. The facts have not changed. We have had several elections with these maps. None of that matters to this court. They have a legislative agenda to pass.

 

Furthermore, despite the fact that Protasiewicz repeatedly called the maps “rigged” while campaigning, thus prejudging any case regarding the existing maps that are coming before the court, Protasiewicz has abandoned judicial ethics and agreed to sit in judgment on the case. Given that Protasiewicz has prejudged the case and the other three members of the junta are equally excited about abandoning judicial objectivity and restraint in order to advance their Marxist agenda, the outcome is already determined. We will get some judicial theater to keep up appearances, but the final act is already written.

 

The Supreme Court’s orchestrated attack on a direct constitutional power of a co-equal branch of government is why constitutional checks were created. The legislative branch has a number of options. The Legislature could use the power of the purse to defund the Supreme Court until they cease their constitutional assault. Such a move would be vetoed by the Judicial Junta’s fellow traveler in the executive branch. Gov. Tony Evers has been cheering the destruction of constitutional government. To be fair, Evers may not fully understand the consequences of unbridled judicial rule. He wouldn’t be the first useful idiot to be consumed by his own ideology.

 

Another tool in the Legislature’s belt is impeachment. Article VII, Section 1 of the state Constitution allows the Legislature to impeach, convince, and remove from office any official, “for corrupt conduct in office, or for crimes and misdemeanors.” Is Protasiewicz corrupt for prejudging a case and refusing to recuse herself ? It is a judgment call. “Corrupt” is a vague word that covers a broad range of unsavory behaviors. I would argue that she is corrupt and pairs that corruption with the kind of bumptiousness that would make Hunter Biden raise an eyebrow.

 

Should the Legislature remove Protasiewicz from office, the actual effect may be negligible since the governor will appoint an identical replacement, but that does not mean that the Legislature should shy away from exercising their constitutional check to defend its own power. This court and its controlling junta is just getting started. They are not going to slow down. If anything, they are accelerating and will not change direction unless someone makes them.

 

In sport, checking an opponent does not always change the outcome of the game, but it does put them on notice that actions have consequences. This Supreme Court needs a supreme check.

 

 

Wisconsin Supreme Court Restricts Public Access to Eviction Records

Two years is nothing. It is as close to useless as you can be without being completely useless. Landlords in Wisconsin are going to end up renting to a lot of bad tenants. Look for evictions to increase and rents to go up to cover the costs.

MADISON (AP) — The Wisconsin Supreme Court voted Monday in its first public administrative conference in more than a decade to reduce from 20 years to two years the time when most eviction records must be kept on the state court website.

 

The change was sought by tenant rights advocates who argued that the longer record-keeping has made it more difficult for people with lower incomes to find housing.

 

The court voted 4-3, with liberals in support and conservatives against, for shortening the recordkeeping on the state court website, commonly referred to by the acronym CCAP.

Wisconsin Supreme Court begins assault

My column for the Washington County Daily News is online and in print. Here’s a part:

After the new leftists majority on the Wisconsin Supreme Court launched an aggressive interbranch offensive against the legislative branch, the Legislature appears poised to return fire. It is going to get messy.

 

Our Wisconsin state government, modeled after the national government, is designed with three co-equal branches. Each branch is empowered with specific powers to check the other two branches. The structure is designed to prevent any single branch from becoming preeminent, or tyrannical, at the expense of the other two branches. The checks are designed to preserve the balance.

 

When Janet Protasiewicz was elected to the Wisconsin Supreme Court in April, she tipped the balance of the court from conservative to leftist. Normally, such changes in the past have been frustrating for the losing side, but not dramatic. Liberals dominated the court as recently as 2008 and they had held that majority for decades.

 

This time is different. Both Protasiewicz and her fellow judicial leftists made it very clear during the election that they planned to use their majority power on the court to advance their leftist political agenda. Protasiewicz campaigned at length on topics like abortion, Act 10, and legislative maps. This is a significant change from a time when judges promised to rule on the facts of cases that might come before them to overtly advocating for changing policy from the bench. It is a blunt usurpation of power for the Supreme Court to take upon itself the power of creating and changing laws. That power is reserved for the legislative branch with approval of the executive branch.

 

We see events playing out as predicted by this column. Taking the Judicial Junta up on their offer to invalidate the legislature and make law from the bench, a group of leftist special interests filed a lawsuit asking to redraw Wisconsin’s political maps. Last week, the court agreed to bypass all of the lower courts and take original action on the case.

 

The post-census decennial apportionment of legislative boundaries is exclusively a power of the legislative branch as detailed in Article IV, Section 3, of the state Constitution. Despite the fact that the maps were duly debated, passed, challenged in several courts, and affirmed as legal and constitutional by state and federal courts, this group is challenging them again. The only thing that has changed since the maps were decided is that a Judicial Junta took over the court with the election of Protasiewicz. The law has not changed. The Constitution has not changed. The facts have not changed. We have had several elections with these maps. None of that matters to this court. They have a legislative agenda to pass.

 

Furthermore, despite the fact that Protasiewicz repeatedly called the maps “rigged” while campaigning, thus prejudging any case regarding the existing maps that are coming before the court, Protasiewicz has abandoned judicial ethics and agreed to sit in judgment on the case. Given that Protasiewicz has prejudged the case and the other three members of the junta are equally excited about abandoning judicial objectivity and restraint in order to advance their Marxist agenda, the outcome is already determined. We will get some judicial theater to keep up appearances, but the final act is already written.

 

The Supreme Court’s orchestrated attack on a direct constitutional power of a co-equal branch of government is why constitutional checks were created.

Deflect and Disarm

I see that the Justice Department found their fall guy for leaking Trump’s tax records so that they can maintain a fig leaf of objectivity for the ignorant.

The Justice Department announced on Friday charges against a Washington, D.C., IRS consultant for allegedly leaking tax information associated with former President Donald Trump and thousands of other wealthy individuals to two separate news organizations.

 

38-year-old Charles Littlejohn was charged via a criminal information with one count of unauthorized disclosure of tax returns and return information — indicating he is likely set to plead guilty to the charge.

 

The criminal information notes that while he worked at the IRS as a government contractor, he stole information associated with an unnamed high-ranking government official and disclosed it to a news organization. He also stole tax information from “thousands of the nation’s wealthiest individuals and disclosed that information to a separate news organization,” the Justice Department says.

 

Victims of AI

We are going to see more of this.

A sleepy town in southern Spain is in shock after it emerged that AI-generated naked images of young local girls had been circulating on social media without their knowledge.

The pictures were created using photos of the targeted girls fully clothed, many of them taken from their own social media accounts.

 

These were then processed by an application that generates an imagined image of the person without clothes on.

 

So far more than 20 girls, aged between 11 and 17, have come forward as victims of the app’s use in or near Almendralejo, in the south-western province of Badajoz.

 

[…]

 

The suspects in the case are aged between 12 and 14. Spanish law does not specifically cover the generation of images of a sexual nature when it involves adults, although the creation of such material using minors could be deemed child pornography.

Another possible charge would be for breaching privacy laws. In Spain, minors can only face criminal charges from the age of 14 upwards.

Some good questions. Clearly, the girls are victims. But is it child porn if the images are fake? What is the appropriate legal sanction, if any, for taking a public image of someone and manipulating it? If the boys had done this by drawing or painting, is it morally different than using AI to create the images? Is it a crime to draw an imagined image of a naked person – adult or child? Our legal infrastructure in the age of AI is woefully behind. The action is clearly disgusting and morally reprehensible, but how should the law deal with it?

Couple Sues City Over Using Race to Award Contracts

I hope they win.

(Reuters) – A white married couple that owns two landscaping companies has sued Houston, claiming that the city’s requirement that certain government contracts be set aside for minority-owned businesses runs afoul of the U.S. Constitution.

 

The two businesses owned by Jerry and Theresa Thompson in a complaint filed in federal court in Houston on Tuesday said the city’s program violates their constitutional rights to equal protection. The city has said that the four-decade-old program ensures that historically disenfranchised people have an opportunity to participate in lucrative government contracting, and fosters a more competitive economic environment.

 

The lawsuit is the latest to challenge affirmative action programs since the U.S. Supreme Court in June struck down race-conscious policies in college student admissions in rulings involving Harvard University and the University of North Carolina. The suit was filed on the same day that an anti-affirmative action group sued the U.S. Military Academy at West Point, claiming the Army school’s affirmative action practices unconstitutionally discriminate against white applicants.

Under Houston’s program, the city sets annual numerical goals for awarding different types of contracts to businesses owned by minorities. Between July 2021 and June 2022, about 24% of professional service contracts and about 14% of construction contracts were awarded to minority-owned businesses, according to the city.

Wisconsin Supreme Court’s leftist majority forfeits court’s authority

Here is my full column that ran in the Washington County Daily News earlier this week.

What do we do when high government officials act without regard to the Constitution or law? What do we do when government officials engage in a bloodless insurrection and usurp power that is not theirs? It is happening in the Wisconsin Supreme Court as the new liberal majority has moved swiftly to orchestrate a coup while running roughshod over the state Constitution, the law, and long-established court rules.

 

Even before Janet Protasiewicz was seated, the incoming liberal majority had notified the long-standing and award-winning State Courts Director, Randy Koshnick, that he was fired. The firing violated several internal court rules and simple decency toward a longstanding state employee.

 

Continuing their galumph over court rules and state law, the liberal gang appointed Milwaukee Judge Audrey Skwierawski to replace Koshnick. Not only was it not a competitive hiring process in which persons of color and others candidates were considered, but it violates state law. Wisconsin statute 757.02(2) states, “The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.”

 

Skwierawski claims to be on leave, but the statute is clear that she cannot legally serve as the State Courts Director during the term for which she was elected. The only way she could legally hold the position is if she resigned as a judge, but she has declined to do so.

 

We have quickly learned why the leftist majority rammed Skwierawski into the position. Last week, Chief Justice Annette Ziegler discovered that Skwierawski had been signing reserve judge orders with Justice Ziegler’s name without Ziegler’s knowledge or permission. It is unclear what else Skwierawski may have signed while impersonating the Chief Justice. This alleged identity theft by Skwierawski is a direct usurpation of Ziegler’s power and a violation of her person.

 

The leftist majority also violated court rules to pass new administrative rules to usurp the Chief Justice’s power. Under court rule III(A), any change to the court schedule agreed upon in the spring requires unanimous approval of all seven elected justices. These rules have been in effect since 1984 and adhered to in times of liberal and conservative majorities. Contrary to that rule, the four leftist justices met alone on August fourth to change the administrative structure of the court.

 

Not only was their meeting unauthorized and invalid, but the rule they “passed” violates the state Constitution. One of the changes was to create a three-justice committee to administer the court. The committee consists of the Chief Justice and two justices elected by the leftist majority. Of course, those two elected committee members are elected by the leftist majority and would effectively usurp all of the power of the Chief Justice.

 

The Wisconsin State Constitution Article VII Section 4(3) states, “The chief justice of the supreme court shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court.” The Chief Justice’s exclusive authority to administer the Supreme Court is granted by, and protected by, the Constitution. The leftist majority’s administrative committee is a direct violation of the Constitution.

 

It has only been a month and the leftists on the Wisconsin Supreme Court has been acting with Marxist disregard for the rule of law in pursuit of overwhelming power that would make Comrade Stalin wince at their brazenness.

 

When a majority of the justices on the state’s high court are so clearly and openly violating the court’s own rules, state law, and the Constitution, they have forfeited their authority and surrendered their power to judge the affairs of the people of Wisconsin. If they do not follow the law and the Constitution, they have no authority to judge whether we do.

Wisconsin Supreme Court’s leftist majority forfeits court’s authority

My column for the Washington County Daily News is online and in print. Here’s a part:

What do we do when high government officials act without regard to the Constitution or law? What do we do when government officials engage in a bloodless insurrection and usurp power that is not theirs? It is happening in the Wisconsin Supreme Court as the new liberal majority has moved swiftly to orchestrate a coup while running roughshod over the state Constitution, the law, and long-established court rules.

 

[…]

 

Continuing their galumph over court rules and state law, the liberal gang appointed Milwaukee Judge Audrey Skwierawski to replace Koshnick. Not only was it not a competitive hiring process in which persons of color and others candidates were considered, but it violates state law. Wisconsin statute 757.02(2) states, “The judge of any court of record in this state shall be ineligible to hold any office of public trust, except a judicial office, during the term for which he or she was elected or appointed.”

 

Skwierawski claims to be on leave, but the statute is clear that she cannot legally serve as the State Courts Director during the term for which she was elected. The only way she could legally hold the position is if she resigned as a judge, but she has declined to do so.

 

We have quickly learned why the leftist majority rammed Skwierawski into the position. Last week, Chief Justice Annette Ziegler discovered that Skwierawski had been signing reserve judge orders with Justice Ziegler’s name without Ziegler’s knowledge or permission. It is unclear what else Skwierawski may have signed while impersonating the Chief Justice. This alleged identity theft by Skwierawski is a direct usurpation of Ziegler’s power and a violation of her person.

 

[…]

 

It has only been a month and the leftists on the Wisconsin Supreme Court has been acting with Marxist disregard for the rule of law in pursuit of overwhelming power that would make Comrade Stalin wince at their brazenness.

 

When a majority of the justices on the state’s high court are so clearly and openly violating the court’s own rules, state law, and the Constitution, they have forfeited their authority and surrendered their power to judge the affairs of the people of Wisconsin. If they do not follow the law and the Constitution, they have no authority to judge whether we do.

Police Shooting in Ohio Questioned

Here is the latest police-involved shooting that we are supposed to be outraged about.

Body camera video of the fatal police shooting of Ta’Kiya Young, a 21-year-old pregnant mother in a suburb of Columbus, Ohio, has raised questions about how an allegation of shoplifting led to a bullet being fired through her windshield.

[…]

The video of the Aug. 24 shooting, released Friday, shows Young in her car in a parking space as a police officer orders her to exit the vehicle. A second officer is seen drawing his firearm and stepping in front of the car, despite a department policy advising officers to get out of the way of an approaching vehicle instead of firing their weapon.

“Are you going to shoot me?” Young asks, seconds before she turns the steering wheel to the right and the car moves toward the second officer. The officer fires through the windshield and Young’s sedan drifts into the grocery store’s brick wall.

I’ve watched the video. You should too. A few thoughts…

The fact that the woman was young and pregnant is irrelevant. She was accused of shoplifting – that’s why the police were stopping her – but I can’t find any story that says whether she was likely guilty of that or not. That is, however, also irrelevant.

What is relevant is that she was given a lawful order to stop, and she proceeded to use her vehicle as a weapon to hit the officer in front of her car and drag (slightly) the one on the side in an attempt to flee. On the other hand, the officers demonstrated poor judgment by putting themselves in harm’s way in an attempt to apprehend her for a minor crime. If she fled without hitting them, then any use of deadly force would not have been justified. But she didn’t. She hit them.

So… in my humble opinion, the shooting was justified as she used deadly force against the officers in her attempt to flee. But it would have never happened if the officers had not put themselves physically in the way to apprehend her. It’s easy for us to second-guess the decisions made in seconds. I give officers a lot of leeway.

Alabama to Execute Killer by Nitrogen Hypoxia

I do think that we overthink these things. If we have decided that execution is still moral and right as a punishment for the worst crimes, then the moral boundary has been crossed. From there, we just need to determine the most effective, least costly, and most humane way to do it. And frankly, the first two considerations are more important than the third.

MONTGOMERY, Ala. (AP) — Alabama is seeking to become the first state to execute a prisoner by making him breathe pure nitrogen.

 

The Alabama attorney general’s office on Friday asked the state Supreme Court to set an execution date for death row inmate Kenneth Eugene Smith, 58. The court filing indicated Alabama plans to put him to death by nitrogen hypoxia, an execution method that is authorized in three states but has never been used.

 

Nitrogen hypoxia is caused by forcing the inmate to breathe only nitrogen, depriving them of oxygen and causing them to die. Nitrogen makes up 78% of the air inhaled by humans and is harmless when inhaled with oxygen. While proponents of the new method have theorized it would be painless, opponents have likened it to human experimentation.

 

Alabama authorized nitrogen hypoxia in 2018 amid a shortage of drugs used to carry out lethal injections, but the state has not attempted to use it until now to carry out a death sentence. Oklahoma and Mississippi have also authorized nitrogen hypoxia, but have not used it.

Separate but Equal?

This is a mess.

WASHINGTON (AP) — The Supreme Court on Friday left in place a lower court ruling that invalidated a speeding ticket against a Native American man in Tulsa, Oklahoma, because the city is located within the boundaries of an Indian reservation.

 

The justices rejected an emergency appeal by Tulsa to block the ruling while the legal case continues. The order is the latest consequence of the high court’s landmark 2020 decision that found that much of eastern Oklahoma, including Tulsa, remains an Indian reservation.

 

Justin Hooper, a citizen of the Choctaw Nation, was cited for speeding in 2018 by Tulsa police in a part of the city within the historic boundaries of the Muscogee (Creek) Nation. He paid a $150 fine for the ticket, but filed a lawsuit after the Supreme Court’s ruling in McGirt v. Oklahoma. He argued that the city did not have jurisdiction because his offense was committed by a Native American in Indian Country. A municipal court and a federal district court judge both sided with the city, but a three-judge panel of the 10th U.S. Circuit Court of Appeals reversed the lower court’s decision.

 

There were no noted dissents among the justices Friday, but Justice Brett Kavanaugh wrote a short separate opinion, joined by Justice Samuel Alito, in which he said that Tulsa’s appeal raised an important question about whether the city can enforce municipal laws against Native Americans.

I’ve been in Tulsa a couple of times this year for various reasons. It’s a mess. In speaking with friends who live there, the Native Americans are flaunting laws and the police are powerless to prevent it. What is most noticeable are the vehicles that should not be on the road but have Reservation plates. But behind the scenes, it is impacting the dual healthcare systems, neighborhoods, property values, crime, and so much more.

Leftist Justices Begin Rule With Authoritarianism

The Leftists majority on the Supreme Court is off to a spectacular start.

Stunningly, it took them only about 48 hours to be credibly accused of violating the state Constitution, state law, and Supreme Court rules – TWICE. First, they fired Randy Koschnick, the respected State Courts Director, and wouldn’t tell him or anyone else why. Everyone’s best guess is it’s because he ran against liberal Shirley Abrahamson in 2009. This even earned them criticism from some liberals, like the former MADISON MAYOR (not an easy feat), who accused them of a partisan witch hunt, since Koschnick was a low-profile, effective innovator who didn’t inject politics into the job (and he just got an award!).

 

They appear to have hatched his unexplained and totally out-of-protocol firing before Janet Protasiewicz was even sworn in, didn’t tell the conservatives on the court about it (are we a middle school clique? Paging Lindsay Lohan…), and cut out the chief justice, even though the state Constitution gave HER authority to call administrative conferences. This led the state Senate’s Judiciary Committee Chair, Van Wanggaard, to accuse them of violating the law, their oaths, and the Constitution, all in one day!

 

They are so petty that they didn’t even wait until Thursday for Koschnick to return from out-of-state, ordering a staffer to box up his family photos. He responded by calling them (correctly) a “wrecking ball” in the press.

Remember a couple of things… first, this was predictable, predicted, and utterly preventable. Wisconsin’s voters chose this. Second, there is very little recourse. The Court is a coequal branch of government and can, with limited exception, manage their internal affairs as they see fit. There’s not a helluva lot anyone can do about it – much less when another coequal branch of government, the Executive Branch lorded over by Governor Evers, is cheering them on.

This court will leave a swath of damage through Wisconsin that will last for decades. Indeed, elections have consequences.

Leftist Court Justices Blasted for Abuse of Power on 2nd Day

What she said.

MADISON, Wis. (AP) — The conservative chief justice of the Wisconsin Supreme Court accused her liberal colleagues of a “raw exercise of overreaching power” after they flexed their new majority Wednesday and fired the director of the state’s court system.

 

The four liberal justices, on just their second day as a majority on the court after 15 years under conservative control, voted to fire Randy Koschnick. Koschnick held the job for six years after serving for 18 years as a judge and running unsuccessfully as a conservative in 2009 against then-Chief Justice Shirley Abrahamson, a liberal.

 

“To say that I am disappointed in my colleagues is an understatement,” Chief Justice Annette Ziegler, now a member of the three-justice conservative minority, said in a lengthy statement after Koschnick was fired.

 

Ziegler said the move undermined her authority as chief justice. She called it unauthorized, procedurally and legally flawed, and reckless. But she said she would not attempt to stop it out of fear that other court employees could be similarly fired.

“My colleagues’ unprecedented dangerous conduct is the raw exercise of overreaching power,” she said. “It is shameful. I fear this is only the beginning.”

 

Fellow conservative Justice Rebecca Bradley blasted the move in a social media post, saying, “Political purges of court employees are beyond the pale.”

Democrats File Petition Protesting “Rigged” Maps

And so it begins

They better be careful. One can be prosecuted by the DOJ for saying that you think the electoral process is unfair or manipulated.

MADISON, Wis. (AP) — A lawsuit filed Wednesday asks Wisconsin’s newly liberal-controlled state Supreme Court to throw out Republican-drawn legislative maps as unconstitutional, the latest legal challenge of many nationwide that could upset political boundary lines before the 2024 election.

 

The long-promised action is backed by Democrats and was filed by a coalition of law firms and voting rights advocacy groups. It comes the day after the Wisconsin Supreme Court flipped from a conservative to liberal majority, with the start of the term of a justice who said that the Republican maps were “rigged” and should be reviewed.

Leftists take control of the judiciary

Here is my full column that ran in the Washington County Daily News this week. I’m not optimistic.

Beginning next week, extremist leftists will control two of Wisconsin’s three branches of government when activist Justice Janet Protasiewicz takes her seat on the Wisconsin Supreme Court. The Democratic Party of Wisconsin did not spend $8 million to elect her in the most expensive state Supreme Court race in the history of our nation to not expect dramatic results. Dramatic results we will see.

 

For the last fifteen years, the state Supreme Court has had a majority of judicial conservatives. This largely meant that they had a restrained view of judicial power and a strong respect for the separation of powers. A look at their most “controversial” rulings, as characterized by leftists, will find that the high court usually ruled to affirm whatever law was as written unless it ran afoul of the constitution. Such was the case in their rulings on Act 10, School Choice, drop boxes, and many other cases brought before them. Judicial conservatives’ refusal to supplant the will of the people, as expressed through their elected representatives, with the latest leftist orthodoxy has been a source of immense frustration for Wisconsin’s leftists.

 

All of that changes on August first. When Protasiewicz takes her seat, the court will have a majority of judicial liberals – all of which are also ardent political liberals – who have a dramatically different view of the role of the court. In their view, the court is merely an extralegislative body through with they can, and will, enact their political agenda when it proves to be too difficult through the elected legislative process. With the Supreme Court’s accepted role as the final arbiter of law, it is in a powerful position to dictate law when the people get too uppity and refuse to tow the leftist line.

 

Wisconsin’s leftists know that they will likely not get control of the legislature for some time to come. Their ideas are too unpopular in the majority of Wisconsin’s districts (no matter how they draw them) and turning out the leftist voters in Milwaukee and Dane Counties will never get a Democrat elected in Waupaca. The Democratic governor has already done a masterful job this year in neutering the Republican-led legislature. They intend to use the Supreme Court to make the legislature insignificant in the governing of the state.

 

The list of issues that leftists will put before the Supreme Court to rule their way is very long. There is already a case pending regarding Wisconsin’s prohibition of abortion. It will likely make its way to the court by the end of the year and Wisconsin’s infanticide industry will reboot.

 

With Wisconsin being a battleground state for the 2024 presidential election, the National Democrats filed a case last week that will ask Wisconsin Supreme Court to permit ballot drop boxes even though the court correctly ruled them illegal last year. Notice that the Democrats are not attempting to pass a law to allow drop boxes. They are expecting the court to impose their will. The court absolutely will enact the policy goals of the Democratic Party. We can expect the Democrats to push further to loosen Wisconsin’s election laws regarding things like Voter ID, registration requirements, absentee ballot rules, and others in order to maximize the opportunity for people to cheat.

 

Leftists are also likely to launch an effort to get the court to throw out the current district lines – likely with trumped up accusations of racism – in order to get the court to gerrymander the states political districts in favor of Democrats. They will not be able to create a Democrat majority this way, but they will put their thumb on the scale.

 

Leftists are also talking about launching cases to have the Supreme Court decide in their favor on massive public policy issues that have been debated in the state for decades. Very soon, expect the Supreme Court to make rulings that gut School Choice, overturn Right to Work, undermine Act 10, and put fangs into the mouth of the DNR. When the majority of the justices on the Supreme Court do not recognize any limits to their power and authority, we can expect them to act accordingly.

 

Make no mistake. The state and national leftists have been working and planning the takeover of the Supreme Court for years. They are not going to show any restraint in reshaping the state to their ideology irrespective of how much the little people bleat. Wisconsin is going to be a very different state in two years.

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