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.”
Leftists take control of the judiciary
by Owen | 0815, 28 Jul 2323 | Law, Politics - Wisconsin | 0 Comments
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.
Leftists take control of the judiciary
by Owen | 0755, 25 Jul 2323 | Politics - Wisconsin | 0 Comments
My column of the Washington County Daily News is online and in print. I’m not optimistic about the next decade or more in Wisconsin, and I think control of the legislature matters less than ever. Here’s a part:
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.
[…]
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.
[…]
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.
Everything is on the table in Wisconsin Supreme Court election
by Owen | 2138, 30 Mar 2323 | Law, Politics - Wisconsin | 1 Comment
Here is my full column for the Washington County Daily News that ran earlier this week.
Early voting for the spring election is in full swing and the future of Wisconsin sits on the razor’s edge. If Daniel Kelly is elected to the Wisconsin Supreme Court, the court will retain its slight lean to the left with changeling Justice Brian Hagedorn siding with the court’s liberal bloc more often than not on 4-3 rulings. If Janet Protasiewicz is elected, then expect the court’s new majority liberal activist bloc to abandon any pretense of government restraint and run roughshod over citizens’ rights.
It is regrettable that the Wisconsin Supreme Court has had to serve as the last bastion of defense against government overreach, but that has increasingly been its role as government officials progressively don the mantle of a ruling class. In just the last few years, the court has often (not often enough) stood athwart the path of government tyranny. During the pandemic, Gov. Tony Evers went to extraordinary lengths to exert government control over our lives. Even after it was clear that the virus was not nearly as lethal as originally thought and was primarily a threat to the elderly and immunocompromised, Evers sought to extend his personal arbitrary rule over our lives by suspending regular order with perpetual emergency health orders.
Under the threat of using the violent power of government, Evers illegally extended his emergency dictatorial orders to force citizens to stay in their homes, close their businesses, restrain their freedom of movement, force everyone to wear masks, and close their schools. In a ruling that should have been unanimous, only four of the court’s seven justices ruled that Evers had violated the law and returned the state to constitutional rule and the rule of law. How much more damage would Evers’ have illegally wrought had the court not stepped in?
With all of the other overreaches, we scarcely remember that Governor Evers also tried to suspend Wisconsinites’ right to self-governance. Just three years ago, Evers ordered that Wisconsin indefinitely delay the April election, thus denying citizens the right to elect their leaders in a despotic abandonment of democracy. Again, the Wisconsin Supreme Court had to act to ensure that the election would be held and that democracy would not be suspended by the orders of a single man.
Governor Evers’ attempts to enact dictatorial rule to the cheers of elected Democrats is the most dramatic recent example of the Supreme Court protecting citizens from government overreach, but there are dozens of other examples.
For decades, Wisconsinites have trembled at the regulatory despotism of the Department of Natural Resources.
Whether hunting, fishing, farming, or simply trying to enjoy a lake cottage, the DNR has long stretched its statutory mandates into private lives and properties. The Supreme Court has stepped in a number of times to check the DNR’s overreaches.
Last decade, the DNR tried to extend its public-trust jurisdiction to include non-navigable waters and land and to use “scenic beauty” as a benchmark for regulation. This overreach would have the DNR exercising authority over virtually all private property and able to base regulations on the agency’s aesthetic preferences. In 2013, the court ruled that the DNR did not have this authority.
Similarly, the DNR attempted to use its regulatory power to unilaterally change pier permits even after a pier had been installed. This had the impact of forcing homeowners to spend thousands of dollars to comply with arbitrary and shifting regulations. In 2019, the court ruled that the DNR was overreaching again and is not allowed to issue ex-post-facto regulations.
Wisconsin’s leftists have be unrestrained in their glee for using the court to unbind the overreaching claws of government by electing Protasiewicz to the high court.
Everything is on the table. Unrestrained tax increases by invalidating Act 10. Making it easier to cheat in elections by striking down voter ID. Disarming citizens by ignoring Second Amendment rights. Unleashing regulatory agencies like the DNR or Department of Transportation by allowing them to interpret their own authority. Liberating criminals at the expense of victims. Democratic gerrymandering on the scale of Illinois. Crushing business with regulations in the name of equity. Forced unionization by striking down right to work. Unrestrained indoctrination and abuse of parental rights through our government schools.
It is all on the table.
The question to be decided next week is whether Wisconsin will try to continue on the messy road of representative government and constitutional restraint, or whether it will take the road of arbitrary rule of unrestrained government by judicial decree.
Vote for Daniel Kelly. Vote for the continuation of this grand experiment in self-governance.
Wrong Benchmarks
by Owen | 0715, 15 Mar 2323 | Politics - Wisconsin | 1 Comment
I think that the Republican Chair is using the wrong benchmarks.
“We’ve raised more money in this year alone than we did in all of 2021, and almost all of 2022,” Schimming said. “The fundraising is going really well. And the grassroots support has been terrific.”
Kelly is behind in the money race, almost two-to-one.
[…]
The Democratic Party of Wisconsin already gave Protasiewicz $2.5 million for her campaign, and Wickler said there will be more if necessary.
Schimming was quick to say more than 90% of Protasiewicz’s money is from out of state, but added Kelly has been busy raising cash in Wisconsin.
Nobody cares if the Republican side has raised more money than 2021 or 2022. Nobody cares if more of the money is from Wisconsin than the Democrats. The only thing that matters is whether or not Kelly has enough money to get his message out as well as Protasiewicz. It doesn’t necessarily have to be the same, or even more, but it does need to be enough.
Also, I saw some stats from a friend who runs a web presence. The liberals are vastly outspending the conservatives in digital media and engagement. The campaign won’t be won on the television or radio. It will be won on the computer screens and neighborhoods. I don’t know what the ground game looks like, but a dollar spent for a good organizer in a Wisconsin town is far more important than another commercial.
All that being said, Wisconsin and national conservatives need to get off their asses if they want to keep all of the conservative progress we made in the last decade.
Protasiewicz’s record speaks
by Owen | 0711, 14 Mar 2323 | Law, Politics - Wisconsin | 0 Comments
My column for the Washington County Daily News is online and in print. Here’s a slice:
A funny thing happens when liberals run for court positions. Irrespective of their past statements, actions, or documented history, every liberal suddenly transforms into a virtuous law and order hardliner. One is always best served by looking at a person’s actions instead of their words. Protasiewicz has been a Milwaukee County Circuit Court judge for almost a decade. Her record is extensive, and terrible.
[…]
In May of 2020, a 15-year-old girl was walking in Milwaukee when a man in a pickup truck pulled up beside her, grabbed her by the wrist, and forced her into the truck. He took her to a hotel, raped her, and tried to force her to become a prostitute. Thankfully, she escaped and notified police.
Originally charged with three felonies for kidnapping, trafficking of a child, and second-degree sexual assault of a child, Protasiewicz signed off on another plea deal that reduced the charges to third-degree sexual assault and child enticement. He was convicted and Protasiewicz then gave him time served for jail time and stayed all of the prison time. He was put on probation for four years. In other words, despite his long criminal history and kidnapping and rape of a child, he did not serve any prison time thanks to Judge Protasiewicz.
This monster has since been convicted of a felony for being a felon in possession of a firearm in Washington County. He is still free on the street thanks to a Washington County judge cut from the same cloth as Protasiewicz. For a multiple felon child rapist, Washington County Judge Sandra Giernoth, an appointee of Governor Tony Evers, sentenced him to six months in jail and then gave him time served. The guy is happily living in Milwaukee — free as a bird.
[…]
When people talk about soft-on-crime liberal judges, Janet Protasiewicz is a prime example. She has been letting violent felons roam free for years because that is who she is. And that is who she will be if Wisconsinites elect her to the Supreme Court.
Rule of Law on ballot this April
by Owen | 1930, 3 Mar 2323 | Uncategorized | 0 Comments
Here is my full column that ran in the Washington County Daily News earlier this week:
Over the next six weeks, you are going to hear pundits and activists insisting that the Wisconsin Supreme Court election is a battle for the future of Wisconsin. They are right.
Judicial conservative Dan Kelly and judicial liberal Janet Protasiewicz have very, very different approaches to the law. Kelly, who previously served on the Wisconsin Supreme Court, has a track record of judicial humility in which he rules according to the actual wording of the constitution and the law irrespective of the outcome or his personal convictions.
His approach to the law is one in which he respects the rights and responsibilities of the people and their representatives in the Legislative and Executive branches of government. Kelly believes in the Rule of Law, in which the law is applied as written and a judge’s role is to ensure that the law is applied correctly.
The Rule of Law is the critical foundation of a free society and underpins Western civilization. The Rule of Law is the principle that all people, from prices to paupers, are subject to the same laws. As John Locke put it in his Second Treatise on Government, “freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man.”
It is the Rule of Law that protects people from arbitrary tyrannical rule. In a society where the Rule of Law is in force, the role of a judge is simply to enforce the law as it is written. If the judge thinks that the law is wrong, a judicial conservative is bound by duty to apply the law anyway because it is the role of the legislature to change the law – not the judge.
Janet Protasiewicz has a very different approach to the law. Protasiewicz is proudly embracing the “progressive” (read: socialist) label and is sharing her opinion on all sorts of issues that may come before the court. She has said that the state’s electoral maps are “rigged,” that a woman’s right to abort her baby is a decision that should “be made solely by her,” that Act 10 is “unconstitutional,” and she has a long record as a Milwaukee County Judge of coddling hardened violent criminals – including child sex offenders. Protasiewicz’s approach to the law is to use her position as a means to reach outcomes that align with her personal values and convictions irrespective of what the law actually says. It is the kind of judicial activism that obliterates the Rule of Law.
As if to try to assuage concerns about her vocal activism, Protasiewicz said on “Capital City Sunday,” “What I will tell you is that [for] the bulk of issues there’s no thumb on the scale, but I will also tell you that I’ll call them as I see them. and I’ll tell you what my values are in regards to [the abortion] issue, because this issue is so critically important.” In other words, Protasiewicz is telling us that when she considers the case before her to be critically important, as measured against her values, she is more than willing to put her thumb on the scales of justice.
This is the definition of judicial activism. This is not only grossly unethical, but also antithetical to the Rule of Law.
This election will decide the balance of the Wisconsin Supreme Court. If Kelly is elected, the court will have a majority of judicial conservatives who respect the Rule of Law. If Protasiewicz is elected, the court will have a majority of politically leftist judicial activists. It is that simple.
Under a politically leftist activist Supreme Court, we can expect them to put their thumb on the scales of justice when cases regarding the gun rights, victims rights, Act 10, school choice, right to work, criminal justice issues, election laws, and all of the other issues that are clearly written into the law by Wisconsin’s elected representatives. All of these issues are on the scale and are not safe under the rule of an activist court.
Is the future of Wisconsin on the ballot this April?
You bet it is.
Rule of Law on ballot this April
by Owen | 0916, 28 Feb 2323 | Law, Politics - Wisconsin | 0 Comments
My column for the Washington County Daily News is online and in print. Here’s a part:
The Rule of Law is the critical foundation of a free society and underpins Western civilization. The Rule of Law is the principle that all people, from prices to paupers, are subject to the same laws. As John Locke put it in his Second Treatise on Government, “freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man.”
It is the Rule of Law that protects people from arbitrary tyrannical rule. In a society where the Rule of Law is in force, the role of a judge is simply to enforce the law as it is written. If the judge thinks that the law is wrong, a judicial conservative is bound by duty to apply the law anyway because it is the role of the legislature to change the law – not the judge.
Janet Protasiewicz has a very different approach to the law. Protasiewicz is proudly embracing the “progressive” (read: socialist) label and is sharing her opinion on all sorts of issues that may come before the court. She has said that the state’s electoral maps are “rigged,” that a woman’s right to abort her baby is a decision that should “be made solely by her,” that Act 10 is “unconstitutional,” and she has a long record as a Milwaukee County Judge of coddling hardened violent criminals – including child sex offenders. Protasiewicz’s approach to the law is to use her position as a means to reach outcomes that align with her personal values and convictions irrespective of what the law actually says. It is the kind of judicial activism that obliterates the Rule of Law.
As if to try to assuage concerns about her vocal activism, Protasiewicz said on “Capital City Sunday,” “What I will tell you is that [for] the bulk of issues there’s no thumb on the scale, but I will also tell you that I’ll call them as I see them. and I’ll tell you what my values are in regards to [the abortion] issue, because this issue is so critically important.” In other words, Protasiewicz is telling us that when she considers the case before her to be critically important, as measured against her values, she is more than willing to put her thumb on the scales of justice.
This is the definition of judicial activism. This is not only grossly unethical, but also antithetical to the Rule of Law.
Leftists Eye Takeover of Court to Transform Wisconsin
by Owen | 1717, 15 Aug 2222 | Law, Politics - Wisconsin | 2 Comments
Knowing that they stand little chance of getting control of the legislature, Wisconsin’s liberals are looking to use the Supreme Court as an activist branch to enact their agenda. The November election is important. The April election may be more important.
Wisconsin Democrats are already envisioning, if they win the election in April and take a 4-3 majority, a political transformation of the state.
“In terms of the ability to change Wisconsin in two years, this could be an utterly different state,” said Kelda Roys, a Democratic state senator from Madison. “That is our real opportunity to not just stop the bad stuff from happening, but actually restore real democracy and accountability to Wisconsin, things like abortion rights and fair elections where your candidate might actually win.”
High Court Denies Drop Boxes for Elections
by Owen | 1935, 8 Jul 2222 | Law, Politics - Wisconsin | 5 Comments
This is the correct ruling. The law is clear. It’s a shame that it wasn’t unanimous. It is also a shame that the court took so dang long to rule. The people deserve a court that acts with some urgency when the ruling will impact ongoing elections.
MADISON, Wis. (AP) — Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.
However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.
Republicans have argued that practice, known as ballot harvesting, is rife with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.
Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.
The news story explains the issue poorly. The case wasn’t about whether drop boxes are a good idea or not. The case was about whether the law allows for drop boxes even though state elections officials allowed them. The law does not allow drop boxes. It’s a clear legal determination.
Furthermore, the news story fails to mention that Wisconsin did not use drop boxes at all until the pandemic. Their absence will not make it “harder to vote” in Wisconsin. It may make it harder to cheat, but it will exactly as easy or difficult to vote as it was before drop boxes began illegally appearing all over the state. If the state wants to have drop boxes in the future, it is a matter for the duly elected leaders of the state to pass a law saying so.
Supreme Court Rejects Evers’ Racist Maps
by Owen | 1809, 16 Apr 2222 | Law, Politics - Wisconsin | 4 Comments
They sure took the long road to get there, but they got to the correct destination.
The Wisconsin Supreme Court had adopted Evers’ map on March 3, but the U.S. Supreme Court overturned it on March 23. The high court ruled that Evers’ map failed to consider whether a “race-neutral alternative that did not add a seventh majority-black district would deny black voters equal political opportunity.”
Evers told the state Supreme Court it could still adopt his map with some additional analysis, or an alternative with six majority-Black districts. The Republican-controlled Legislature argued that its map should be implemented.
The Wisconsin court, controlled 4-3 by conservatives, sided with the Legislature.
“The maps proposed by the Governor … are racially motivated and, under the Equal Protection Clause, they fail strict scrutiny,” Chief Justice Annette Ziegler wrote for the majority, joined by Justices Patience Roggensack, Rebecca Grassl Bradley and Brian Hagedorn.
The Legislature’s maps, they wrote, “are race neutral” and “comply with the Equal Protection Clause, along with all other application federal and state legal requirements.”
High court rules on redistricting
by Owen | 0835, 12 Mar 2222 | Law, Politics - Wisconsin | 1 Comment
Here is my full column that ran in the Washington County Daily News last Tuesday.
Last week, the Wisconsin Supreme Court handed down its ruling regarding Wisconsin’s decennial political redistricting. The majority of the court decided to adopt the maps drawn by Gov. Tony Evers. While the subject of redistricting puts most voters to sleep and the end result of the ruling is unimpactful for most Wisconsinites, the court’s action sheds a bright light on the state’s befuddling high court and the rank insincerity of politicos everywhere.
The redistricting process happens every decade after the annual census in completed. The purpose of the process is to redraw all of the political boundaries to reflect population changes that have happened since the previous census. Given that the process directly impacts every politician in the state, except those who are elected statewide, politicians get very worked up about it. Almost nobody else cares even though they should.
The rules for redistricting are fairly simple: Draw lines that create political districts that are roughly equal in population, contiguous, and do not discriminate against anyone on the basis of race or other distinctions protected by the United States Constitution. In Wisconsin, the state Constitution also requires that each Senate district contain three Assembly districts and respect municipal boundaries. The politics of redistricting are far more complex.
In Wisconsin, redistricting is done through the regular legislative process. The Legislature meets, listens to public input, gets feedback from constituents, debates, argues, harangues, amends, and eventually passes a bill with the new district lines. From there, the governor either signs the new lines into law or vetoes them. If the Legislature and governor are controlled by different parties, which has happened more often than not in Wisconsin during redistricting years, the result is usually that the governor vetoes the redistricting law and the whole thing ends up in court. That is what happened this time. When the Wisconsin Supreme Court decided to take the case about redistricting, which is their duty, the majority decided to ask interested parties to submit their own maps and the court would pick whichever one caused the “least change.” Through this invented rubric, subsequently tortured into “core retention,” the court chose Governor Evers’ maps. The result is that Wisconsin’s legislative districts still lean heavily in the Republicans’ favor, but not quite as much as if the court chose the maps debated and passed by the Legislature. It is impossible for anyone to draw maps that favor Democrat majorities because the liberals in the state have decided to overwhelmingly live together in a couple of relatively small geographies instead of fanning out across the state to live with people who are not like them.
The ruling by the high court was written by Justice Brian Hagedorn. As the only man on the court, Hagedorn has taken it upon himself to be the court’s fulcrum with three conservative women justices on one side and three leftist women justices on the other. What is impossible to discern is any guiding judicial philosophy by Hagedorn. It is not fair to call him a juridical conservative or a judicial liberal because his decision making is not consistent enough to divine a coherent philosophy.
In reading the decision written by Hagedorn, which I encourage everyone to do, it reminded me of something written by a high school sophomore. His childlike arguments were not rooted in law or precedent, but in his own personal sense of fairness. He whimsically brushes away law when admitting that his invented, “parties struggled with reconciling it (the court’s invented “least change” rubric) with the United States Constitution, Wisconsin Constitution, and Voting Rights Act.” They struggled to reconcile it because it is unreconcilable, yet Hagedorn persisted.
There are two major things wrong with Evers’ maps — one legal and one political. The legal problem is that, as Hagedorn’s ruling explains in great detail, Governor Evers determined district lines based on race. Using race to decide district lines is unconstitutional unless it is done to remedy a previous racial injustice, which no one has alleged. In this respect, Evers’ maps are a clear violation of the 14th Amendment.
When the 14th Amendment was written after the Civil War, it was designed to prevent racist white citizens from bottling up black citizens into a few districts to minimize their political power. Yet, this is precisely what Evers and Hagedorn did. Evers used racial considerations to create one more majority-black Assembly district by diluting black Wisconsinites’ voice in other districts.
The political problem with Evers’ maps is that he created them in the first place. The purpose of using the legislative process to create the maps is to ensure that they receive all of the scrutiny and visibility that the legislative process requires and allows. The Legislature’s maps were created in the light of day, debated, tweaked, and passed. Governor Evers’ maps were created in his office by a group of faceless, nameless people who were probably not even wearing masks.
In a republic where the people are supposed to have a voice, one solitary white man in a black robe has chosen a map drawn by another solitary white man in a gray suit. Nobody else even had a seat at the table. That is not how representative government is supposed to work.
The decision has already been appealed to the United States Supreme Court. In the end, the resulting district lines will matter little to anyone who is not vying for public office, but the process by which we arrive at these decisions matter is we are to preserve our civil rights.
High court rules on redistricting
by Owen | 1547, 8 Mar 2222 | Law, Politics - Wisconsin | 0 Comments
My column for the Washington County Daily News is online and in print. Here’s a sample:
Given that the process directly impacts every politician in the state, except those who are elected statewide, politicians get very worked up about it. Almost nobody else cares even though they should.
[…]
The ruling by the high court was written by Justice Brian Hagedorn. As the only man on the court, Hagedorn has taken it upon himself to be the court’s fulcrum with three conservative women justices on one side and three leftist women justices on the other. What is impossible to discern is any guiding judicial philosophy by Hagedorn. It is not fair to call him a juridical conservative or a judicial liberal because his decision making is not consistent enough to divine a coherent philosophy.
In reading the decision written by Hagedorn, which I encourage everyone to do, it reminded me of something written by a high school sophomore. His childlike arguments were not rooted in law or precedent, but in his own personal sense of fairness. He whimsically brushes away law when admitting that his invented, “parties struggled with reconciling it (the court’s invented “least change” rubric) with the United States Constitution, Wisconsin Constitution, and Voting Rights Act.” They struggled to reconcile it because it is unreconcilable, yet Hagedorn persisted.
There are two major things wrong with Evers’ maps — one legal and one political. The legal problem is that, as Hagedorn’s ruling explains in great detail, Governor Evers determined district lines based on race. Using race to decide district lines is unconstitutional unless it is done to remedy a previous racial injustice, which no one has alleged. In this respect, Evers’ maps are a clear violation of the 14th Amendment.
When the 14th Amendment was written after the Civil War, it was designed to prevent racist white citizens from bottling up black citizens into a few districts to minimize their political power. Yet, this is precisely what Evers and Hagedorn did. Evers used racial considerations to create one more majority-black Assembly district by diluting black Wisconsinites’ voice in other districts.
“viewed with disfavor”
by Owen | 1517, 7 Mar 2222 | Law | 0 Comments
I had to chuckle at this part of the Wisconsin Supreme Court’s order:
IT IS FURTHER ORDERED that requests for additional briefing or extensions will be viewed with disfavor.
That doesn’t even make any sense. You can order that something happen, or not happen, but you can’t order that the court will view something with disfavor. They might view it with disfavor. They might not. You can say that it would be viewed with disfavor, but you can’t order it.
Silly, silly court.
Wisconsin Supreme Court Picks Evers’ Redistricting Maps
by Owen | 1856, 3 Mar 2222 | Law, Politics - Wisconsin | 0 Comments
It’s safe to say that Wisconsin’s Supreme Court no longer has a conservative majority. It’s just the Hagedorn Court and his reasoning is so haphazard that the court’s ruling are just the luck of the draw. It all depends on how Hagedorn was feeling that day.
The state Supreme Court today delivered a win for Dems in picking Gov. Tony Evers’ congressional and legislative boundaries.
Even so, the new lines — if they withstand an appeal — would still leave Dems fighting an uphill battle to take the majority in the Assembly or Senate.
Writing for a 4-3 majority, Justice Brian Hagedorn wrote Evers’ maps most closely followed the court’s November directive to take a “least-change” approach to the existing lines Republicans drew a decade ago.
[…]
Ziegler, the court’s chief justice, slammed the majority ruling as “a complete lack of regard for the Wisconsin Constitution and the Equal Protection Clause,” adding it “amounts to nothing more than an imposition of judicial will.”
Roggensack wrote that by adopting Evers’ map, the court’s majority had engaged in racial gerrymandering and hoped the U.S. Supreme Court will be asked to “review Wisconsin’s unwarranted racial gerrymander, which clearly does not survive strict scrutiny.”
Court Disallows Drop Boxes for April Election
by Owen | 1923, 11 Feb 2222 | Law, Politics - Wisconsin | 6 Comments
Good.
MADISON, Wis. — A divided Wisconsin Supreme Court on Friday denied a request from the state elections commission to keep absentee ballot drop boxes in place through the April 5 election for local offices.
That means that after Tuesday’s primary, drop boxes located outside of local election clerks’ offices will be illegal and no one other than the voter will be allowed to return an absentee ballot.
Remember that this is not about whether drop boxes are good or not. They may be in certain cases. This is about whether election officials can make up the rules for themselves instead of following the laws passed by the legislature. If the liberals want drop boxes, I suggest that they propose a bill so we can have a proper public debate.
Wisconsin Supreme Court Takes Conservative Approach to Redistricting
by Owen | 2008, 30 Nov 2121 | Law, Politics - Wisconsin | 0 Comments
The Wisconsin Supreme Court on Tuesday sided with Republicans in a redistricting case that lays the groundwork for the state’s current political boundaries to remain largely intact for the next decade.
In a 4-3 ruling, the court’s conservative majority said it would take a “least changes” approach to Wisconsin’s current legislative and congressional maps, effectively limiting any changes in political boundaries to population changes.
The ruling means that the court will make as few changes as possible to political maps drawn and adopted in 2011.
[…]
In their ruling on Tuesday, however, the Wisconsin Supreme Court’s conservative majority argued that the state’s existing congressional maps had already passed muster, leaving no reason for the court to take more drastic action.
“The existing maps were adopted by the legislature, signed by the governor, and survived judicial review by the federal courts,” the ruling reads. “Treading further than necessary to remedy their current legal deficiencies…would intrude upon the constitutional prerogatives of the political branches and unsettle the constitutional allocation of power.”
It’s hard to argue with that logic.
Wisconsin Supreme Court Continues to Reestablish Normal Order
by Owen | 1455, 14 Apr 2121 | Law, Politics - Wisconsin | 5 Comments
MADISON, Wis. (AP) — The Wisconsin Supreme Court on Wednesday ruled that Gov. Tony Evers’ administration does not have the authority to issue capacity limits on bars, restaurants and other businesses without approval of the Legislature, a ruling that comes two weeks after the conservative-controlled court struck down the state’s mask mandate.
[…]The Supreme Court ruled 4-3 Wednesday that the order issued by Evers’ Department of Health Services meets the definition of a rule, which by law must go through the Legislature.
Liberal Wisconsin Supreme Court Restricts Ballot Access
by Owen | 2141, 14 Sep 2020 | Law | 23 Comments
Strike three for Hagedorn. Wisconsin’s high court has turned.
A divided Wisconsin Supreme Court has rejected the Green Party’s request to place presidential candidate Howie Hawkins on the state’s slate, giving local clerks the go-ahead to begin sending out absentee ballots to voters.
The 4-3 decision — which had conservative Justice Brian Hagedorn joining the court’s three liberals to form a majority — found it was too late for Hawkins to be added, citing the “very short deadlines” and “the fact that the 2020 fall general election has essentially begun.”
“It is too late to grant petitioners any form of relief that would be feasible and that would not cause confusion and undue damage to both the Wisconsin electors who want to vote and the other candidates in all of the various races on the general election ballot,” wrote the majority.
Wisconsin Supreme Court Halts Issuance of Absentee Ballots
by Owen | 1929, 10 Sep 2020 | Law, Politics - Wisconsin | 3 Comments
This election is going to be a complete mess.
MADISON – The state Supreme Court told election officials Thursday that absentee ballots should not be mailed for now so the justices can determine whether they should include the Green Party’s presidential ticket.
The 4-3 order left open the possibility of reprinting 2.3 million ballots and delaying the printing of others — moves that election officials said would cause them to miss deadlines set by state law.
The order fell along ideological lines, with the conservatives in the majority and the liberals in dissent.
In response to the order, the state Elections Commission submitted a report late Thursday that suggested as many as 378,000 ballots have already been sent to voters. But the head of the commission said there was no way to know for certain how many ballots have been sent because that duty falls to municipal clerks, not the commission.
Adding candidates to the ballots after some have been sent would be complicated. Voters who have already been sent a ballot would need to get a second one and clerks would have to make sure no one voted twice.
[…]
The Green Party case centers on whether presidential nominee Howie Hawkins and vice presidential nominee Angela Walker should be on the ballot.
The Elections Commission didn’t include the Green Party on the ballot after it deadlocked last month on the issue. Walker, a Milwaukee native, provided two different addresses on her campaign filings, and the three Democrats on the commission said that should keep the Green Party off the ballot. The commission’s three Republicans wanted the Green Party on the ballot.
Unspoken at last month’s commission meeting was how the Green Party could affect the presidential election. Democrats fear the liberal party could take votes away from Democratic nominee Joe Biden and Republicans hope such a situation will help GOP President Donald Trump.