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

There is an open secret in corporate America regarding consultants. While business leaders will sometimes hire consultants to actually study an issue and offer unbiased advice, perhaps more often than not, consultants are hired to tell the business leaders what they want to hear. This is exactly what is happening within the redistricting case before the Wisconsin Supreme Court.

 

Here is how the game is played: An executive knows they need to do something or wants to do something but either does not have support or does not want to take responsibility for the decision. The executive hires a consultant to “study” the issue and provide guidance with a wink and a nod. When the consultant miraculously comes back recommending that they do what the executive wanted, the executive can sell the decision to their bosses, employees, and customers as something “recommended by unbiased experts after rigorous study.” Consultants get paid. Executive gets what he or she wants.

 

When the leftists on the Wisconsin Supreme Court chose to violate the law and Constitution to throw out the legally implemented state legislative maps last year, they decided that they needed a fig leaf of legitimacy to force whatever new maps they draw. To that end, they went out and hired two consultants, Jonathan Cervas and Bernard Grofman. Both men are academics who have carved out a niche for themselves consulting on redistricting for clients all over the country. Both of these consultants will be paid $450 per hour up to $100,000 each for their work. It is a good side hustle if you can get it. The hiring process for these consultants was utterly opaque. There was no nationwide search for the best, most unbiased consultants. The leftists did not solicit input from any of the litigants in the case. There was no bidding process or price negotiation made public. We, the public, have absolutely no idea why these two consultants were selected or why we are paying them $450 per hour. The only thing we know is that the leftist court majority chose them.

 

The leftist court majority is getting exactly what they are paying for. In response to the court usurping the power of the Legislature and throwing out the state legislative maps, the court accepted six alternate proposals from interested parties. The six sets of maps were submitted by Legislative Republicans, the Wisconsin Institute for Law and Liberty, Governor Tony Evers, Democrat plaintiffs, Senate Democrats, and a group of academic mathematicians.

 

Last week, accompanied by a statement heavy with meaningless academic jargon, the consultants rejected the two maps submitted by Republicans and WILL — the only two maps submitted by someone who is not a fellow traveler of the leftist court majority. The consultants did not declare which map was most correct but left open the option to draw their own if asked to do so by the court.

 

Let me save everyone the drama of what is to come. We already know. The leftist court majority has made it clear that they will redraw the maps to favor the Democrats as much as possible. They have a fundamental belief that legislative representation should mirror the statewide popular vote – ignoring small-“r” republicanism that balances geographic and popular interests. Given that the leftists have the majority, they will impose maps that are heavily gerrymandered to favor Democrats.

 

The leftist justices want to maintain the fiction of impartiality and judicial objectivity. Yes, “fiction” is the correct word. To that end, one of two outcomes will happen. The court will choose the maps submitted by the mathematicians. This lets the leftists pretend that there is objective science behind the maps without accepting maps submitted by obviously biased Democrats.

 

The more likely outcome is that the leftist justices will toss out all of the submitted maps and charge the consultants to draw new maps. This gives them ultimate control over the outcome and covers their overt partisanship with a veneer of academic impartiality and objectivity. The mainstream media will announce their approval for the allegedly fair, in reality completely unfair, maps like the clapping barking seals they are.

 

The two consultants hired by the leftist court majority were hired to deliver maps that favor Democrats. That is exactly what is going to happen. In the end, given the billions of taxpayer dollars that are going to flow to leftist operatives and priorities as a result of this decision, $200,000 seems like a reasonable investment for them to make to maintain the fiction of a rule of law in Wisconsin.

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

There is an open secret in corporate America regarding consultants. While business leaders will sometimes hire consultants to actually study an issue and offer unbiased advice, perhaps more often than not, consultants are hired to tell the business leaders what they want to hear. This is exactly what is happening within the redistricting case before the Wisconsin Supreme Court.

 

Here is how the game is played: An executive knows they need to do something or wants to do something but either does not have support or does not want to take responsibility for the decision. The executive hires a consultant to “study” the issue and provide guidance with a wink and a nod. When the consultant miraculously comes back recommending that they do what the executive wanted, the executive can sell the decision to their bosses, employees, and customers as something “recommended by unbiased experts after rigorous study.” Consultants get paid. Executive gets what he or she wants.

 

When the leftists on the Wisconsin Supreme Court chose to violate the law and Constitution to throw out the legally implemented state legislative maps last year, they decided that they needed a fig leaf of legitimacy to force whatever new maps they draw. To that end, they went out and hired two consultants, Jonathan Cervas and Bernard Grofman. Both men are academics who have carved out a niche for themselves consulting on redistricting for clients all over the country. Both of these consultants will be paid $450 per hour up to $100,000 each for their work. It is a good side hustle if you can get it. The hiring process for these consultants was utterly opaque. There was no nationwide search for the best, most unbiased consultants. The leftists did not solicit input from any of the litigants in the case. There was no bidding process or price negotiation made public. We, the public, have absolutely no idea why these two consultants were selected or why we are paying them $450 per hour. The only thing we know is that the leftist court majority chose them.

 

[…]

 

The more likely outcome is that the leftist justices will toss out all of the submitted maps and charge the consultants to draw new maps. This gives them ultimate control over the outcome and covers their overt partisanship with a veneer of academic impartiality and objectivity. The mainstream media will announce their approval for the allegedly fair, in reality completely unfair, maps like the clapping barking seals they are.

 

The two consultants hired by the leftist court majority were hired to deliver maps that favor Democrats. That is exactly what is going to happen. In the end, given the billions of taxpayer dollars that are going to flow to leftist operatives and priorities as a result of this decision, $200,000 seems like a reasonable investment for them to make to maintain the fiction of a rule of law in Wisconsin.

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

The leftist-controlled Wisconsin Supreme Court is continuing its rampage to strip Wisconsinites of self-governance and reshape the state to their will. Where leftists could not win support for their ideology at the ballot box, they will use the power of the court to advance it.

 

Unless you are a political nerd, it is difficult to convey how bad the court is acting in regard to Wisconsin’s legislative maps. Article 4 section 3 of the Wisconsin Constitution is crystal clear that it is the duty and responsibility of the state legislature to redraw the state’s legislative boundaries every 10 years after the federal census. The maps are redrawn to adjust for population shifts to ensure that each district is roughly equal in population.

 

After the 2020 census, the Republican legislature did their duty and redrew the maps. Democrat Governor Evers vetoed them, and the Wisconsin Supreme Court ended up settling the issue. The maps were challenged multiple times in state and federal court, but the maps were universally ruled constitutional and went into effect for the 2022 election.

 

This was a settled issue. Leftists are frustrated that their supporters are concentrated in a couple of areas in the state. This results in Wisconsin being evenly politically divided in statewide elections, but since legislative districts are geographically dispersed, the leftists’ geographic concentration puts them at a disadvantage in legislative elections. This is why challenging the legislative maps was high on the list of things for the newly Leftists Supreme Court to redo.

 

Right before Christmas, the Supreme Court threw out all of the legislative maps and committed to redrawing them under their own authority, thus usurping the express power conferred to the Legislature in the constitution. The fig leaf they used to cover their overt power grab was that all of the districts were not physically contiguous. Wisconsin’s districts have not been physically contiguous for many decades, but that was their excuse. In fact, in 1992, a Democrat-led legislature drew maps without physically contiguous districts and a federal judicial panel ruled them constitutional. It is goofy, but it is not unconstitutional.

 

Even if one accepts that incontiguous districts are unconstitutional (they are not); and even if one considers the issue so egregious that it must be dealt with now and not at the next apportionment (it is not); the court could have taken the least disruptive action of just redrawing the relevant districts. They did not take the least disruptive action. Instead, they threw out all of the maps and are completely redrawing them in the middle of a presidential election year. The court’s actions reveal the depth of their power grab.

 

On Jan. 12, seven interested parties submitted new maps to the court for them to consider. According to a review by the Marquette University Law School, all seven maps still result in a Republican advantage for the Assembly. That is just how the political math works in an age of ideological ghettoization.

 

The Republicans would also have an advantage for the Senate in five of the seven submitted maps.

 

The Supreme Court does not have to use any of the submitted maps. They could just ignore them all and draw their own. One thing is certain, however: The new maps will maximize the advantage for Democrats even if districts are gerrymandered such that they will be renowned as a piece of abstract art. One need only look to our neighbors in Illinois to see the depths to which Democrats will gerrymander districts to their advantage.

 

But the deeper outrage of the leftist court’s actions is not the “what,” but the “who.” Our government of self-governance relies on the rule of law and the separation of powers. The leftists are rejecting both of these bedrock principles in one stroke. They are substituting ideology for law and brazenly snatching an express constitutional power from the legislative branch of government.

 

We are watching a judicial coup unfold before our eyes. These are menacing times.

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

The leftist-controlled Wisconsin Supreme Court is continuing its rampage to strip Wisconsinites of self-governance and reshape the state to their will. Where leftists could not win support for their ideology at the ballot box, they will use the power of the court to advance it.

 

Unless you are a political nerd, it is difficult to convey how bad the court is acting in regard to Wisconsin’s legislative maps. Article 4 section 3 of the Wisconsin Constitution is crystal clear that it is the duty and responsibility of the state legislature to redraw the state’s legislative boundaries every 10 years after the federal census.

 

[…]

 

The Supreme Court does not have to use any of the submitted maps. They could just ignore them all and draw their own. One thing is certain, however: The new maps will maximize the advantage for Democrats even if districts are gerrymandered such that they will be renowned as a piece of abstract art. One need only look to our neighbors in Illinois to see the depths to which Democrats will gerrymander districts to their advantage.

 

But the deeper outrage of the leftist court’s actions is not the “what,” but the “who.” Our government of self-governance relies on the rule of law and the separation of powers. The leftists are rejecting both of these bedrock principles in one stroke. They are substituting ideology for law and brazenly snatching an express constitutional power from the legislative branch of government.

 

We are watching a judicial coup unfold before our eyes. These are menacing times.

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.

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.

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.

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.