The Milwaukee Journal Sentinel reports:
Former Supreme Court Justice Janine Geske said she saw little chance that a court challenge to the recount would succeed. "I think it's going to be a very, very difficult road for Ms. Kloppenburg to upset Justice Prosser, unless there are things we do not know about," said Geske, now a professor at the Marquette University Law School. Any evidence is "going to have to be extensive to overcome that number of votes."...
Prosser attorney Dan Kelly said earlier this month he was concerned a legal challenge would take months and lead to a temporary vacancy on the court. The next 10-year term on the seven-member Supreme Court begins Aug. 1.
It would seem that the only reason for taking this into the courts would be to delay in order to produce this vacancy. The vacancy has special value because of the hot controversy over the budget-repair bill:
Unions rallied behind Kloppenburg in the hope that she would vote to overturn the law, while conservatives stepped up their support for Prosser in the hope that he would vote to uphold it. Now that bill has been passed by the Legislature but blocked from taking effect by a court challenge....
Ultimately, the issue could be decided by the Supreme Court - unless a temporary vacancy in Prosser's seat produces a 3-3 tie, in which case a lower court might have the last word.
So Kloppenburg failed to win a seat on the Wisconsin Supreme Court in an election that focused on the budget-repair bill, but she could try, by initiating a futile lawsuit about the election, to affect the way the Wisconsin Supreme Court decides the budget case and to affect it in a way that is contrary to what the voters voted for. And, if she does that, expect to hear her say lofty-sounding things about protecting the interests of the voters.
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107 comments:
Very nutty place, Wisconsin.
Awww fuck, does this mean that the cow-people are gonna be back in the News again? They're enough to make a Hindu host a BBQ.
Theoretical question; if Omer Ninham were to be released and killed Ms. Kloppenburg, would that end the chance for a lawsuit, or would someone else have standing to challenge?
Buy up a couple more URLs, just in case.
I mean, there's a penalty for telling the truth.
Steven said...
Theoretical question; if Omer Ninham were to be released and killed Ms. Kloppenburg, would that end the chance for a lawsuit, or would someone else have standing to challenge?
Neither, but it might get him out of jail on a pardon.
A morality tale for the political class. A person of modest abilities and low character (a perfect target) is purchased, and used like a Kleenex, but vanity, ignorance, and an adolescent loyalty to a foolish ideology bring on defeat but no catharsis. Oh, how the mediocre and venal have fallen.
More "civility bullshit".
A spontaneous "Million Mahal March" tomorrow?
[checks Madison weather]
Forget it.
We're getting quite the object lesson in unintended consequences in political processes. Who'd have thunk that quorom rule intended to prevent a majority from hijacking proceedings due to a snowstorm or similar unavoidable absence could be used by a minority to hijack proceedings on purpose by intentionally being absent.
Now we have a process for seeing that elections are clean hijacked to keep the winner away from a key case.
Next we'll have an intolerable health care law put in place, with waivers handed out to folks who deserve them. Any chance that "deserving" a waiver will have to do with who's campaign you supported? Naaaah. (BTW, if the policy is so good for the people who, you know, need health care, why are so many demanding to opt out? Why are so many allowed to?)
After that, extraordinary search and wiretap authority for terrorism investigations will be used in general law enforcement.
It's a shame, because an effective counter-Klop strategy can not be discussed here. And one may not assume it's being discussed anywhere, simply because UW is not NYU, where the political bag of legal tricks were by nature and necessity created.
She had her recount. It was expensive and tedious, and took a lot of effort from many people. Kloppenburg owes Wisconsin thanks and she owes them the respect of good faith. She knows the result of this election.
Wisconsin has seen too much anger and ugliness. I know some 'Rules of Radicals' followers actually intended that, and might even hope for more, but any decision that is changed as a result of a bad faith effort to keep Prosser off the bench is going to be a very ugly stain on this state.
People will remember that.
I think the last few elections are good evidence that the people aren't stupid, and that Rules for Radicals is not working. At the very least, they need to recalculate the politics of screwing with the will of the people.
The unions are the new mafia.
I was going to post this in the last thread, but I did a refresh and noticed this new post. There is an excel file at the link which can be downloaded. The
Wisconsin Supreme Court election results are in: Prosser 752,697,
Kloppenburg 745,691,
a difference of 7006 votes. Will she go quietly? Not on your life.
I don't understand why a Kloppenburg lawsuit would lead to a situation where Prosser is not on the bench. Why should the plaintiff get to preclude the ordinary course of events, particularly when the clear evidence that we have now shows her to be a loser?
Not rhetorical. Please elaborate.
This is not going to be an easy summer for most Americans! hard hit by rising prices. Gas for the car. Food for the table.
Sure, Kloppy can try the courts. But SUMI doesn't have enough on her plate, already?
The "threat of a lawuit," is always in the air among lawyers, anyway. Most people have learned to shrug it off.
And, most judges ... when they see the camera lights are on ... aren't looking to do something totally foolish.
In other words? Well, let's say the french pervert, given bail, leaves the country. But not to france. What happens at the court house?
Judges want to see lots of people angrier than a bunch of bees?
Oh, yeah. Please notice ALL the stink-o judges would be female! The old bat, Shirley Abrahamson, what reputation is she leaving?
SUMI. There ya go. Another woman who thinks she has authority. Who doesn't realize what it's like to have the wind shoot up her skirts!
You think Sandra Day O'Connor ended up as the first beloved female to serve on our Supreme-O's?
You think after Rehnquist died, he left a name for himself?
Kloppy's margin of loss is 7,000 votes. It's not the same margin as Al Franken's "win" ... after all the triple counts ... that pushed him ahead of Coleman by 312 votes.
November 2012's election is gonna help one side. But not the other. Even in places like Wisconsin. Where red is the blood spilled by the blue. To make purple.
And, if she does that, expect to hear her say lofty-sounding things about protecting the interests of the voters.
It's the job of voters to protect their own interests. One of the ways, and certainly the single most important way, in which they attempt to do that is via elections. The shock of the losing side does not, and ought not, obviate that reality.
Even if Kloppenburg et al are shocked! shocked! and appalled! appalled! by the results of an election, this does not--and it should not--change that fundamental reality. I would say that every bit as directly, firmly and flatly even had the election gone the other way (with Kloppenburg's name replaced by another's, of course). It's not about the individual winner and loser (or the followers of the former and latter) in any given election. It's about something so very much more important.
It's time to let it go, Kloppenburg (etc.). Full stop.
Ask not for whom the Kloppen tolls, it tolls for thee.
wv: grant
Lazy fucking wv generator, I expect fake words!
It is seriously stupid to let legal challenges keep the election result from being enforced, unless there is some really serious question as to the result.
If this works, in an era of billion dollar campaigns, expect it to because a routine feature of our system. Parties fleeing the state to shut down the system. Candidates filing BS lawsuits to prevent judges from hearing cases. It will lead to a fundamental loss of faith in the election process.
It seems silly and hysterical to say this will lead to violence, but these are tough times with lots of frustration. People want less inflation, jobs, and at least to have their votes mean something. Democrats are playing with fire these days.
While she's doing that, I'll be busy with my Draft Meryl campaign. I'm hoping to persuade Ms. Streep to play Kloppenburg in the inevitable Lifetime Original Movie. They both share the same cheekbones and flared nostrils. But I don't know if I can convince Ms. Streep to put her fingers in a 220v outlet to achieve the Klopp's signature hairdo.
And come on. It's not like the Prosser campaign didn't have the exact some contingency plan. As much as we all like to pretend otherwise, our side is just as sleazy as the other.
The law should discourage political and electoral sleaze, and make it difficult.
Democrats love democracy, except when they lose, and then it's a fast switch to 'by any means necessary'.
No Name -- My sense is that most Democrats are starting to think that what Kloppenburg is doing is at best in bad taste.
Is anybody gonna tell me why the burden is on Prosser to prove why he won the election after the votes have been counted twice?
I just find it interesting that ever since Nov 2008 the Democrats have lost EVERY important election.
Very nutty place, Wisconsin.
Really. Kloppenburg excercised her right to a recount. That's called democracy asshole. It being close enough that elections law mandates the state even pay for it. She has mentioned nothing about contesting the recount -- but that's not enough to salve the deep wounds already inflicted on Althouse. "WHEN WILL IT ALL END?" Well how about Waukesha Cty get their shit together, round up all the torn bags resealed with duct tape and recount a little quicker? Every county managed to do it wihtout esxtensions. And if this is all tooo much, why not just look away, or opt out on the ride? If you don;t like the law, argue against and change it, or shut the fuck up and stop whining. Kloppenburg did win - she came back from a 30 point lead Prosser had on her in just a few months. Out of 72 counties, Prosser only made gains in 2 of them, and bored holes in many conservative wards. Walker didn't ram this Voter ID law through right now, without a good reason.
Walker didn't ram this Voter ID law through right now, without a good reason.
More fantasy reasoning from Mahal.
Wow, Garage. Your anger makes you look even smaller than usual. Your side lost elections (plural). But bleat uselessly on into the ether. If it makes you feel better.
Kloppenburg did win - she came back from a 30 point lead Prosser had on her in just a few months.
Even as a loser she's a winner. You should tweet that to her and see if that cheers her up.
I expected Garbage to vent his sore loser stance at greater length. I'm soooooo disappointed.
Coke -- Yeah, man. Democrats -- in Wisconsin -- have gone from world-historical elections in 2008 to moral victories when a Supreme Court candidate loses twice.
Hilarious.
Keep the invective coming, Garage. You goofy bastard.
You know I have never ever said one neg comment about garage the entire time I have been reading this blog, but that last comment was from a damn sore loser
ah garage, live with it. or not. You choice
Hello,
I was in Montello Wisconsin today.
It is a little town in central Wisconsin with a population of about 1500.
The town has potential. It is surrounded by lakes, cute downtown, and Granite Falls. A River Runs Through It as well.
But, and this is a big butt, it is still very redneck, many boarded up businesses-which I see everywhere in small town Wisconsin-and very unattractive people.
It wants to be White River Junction Vermont, but I am afraid it isn't.
You've done enough. Have you no sense of decency, madam, at long last? Have you left no sense of decency?
You've done enough. Have you no sense of decency, madam, at long last? Have you left no sense of decency?
*SHAKING FIST!*
I have to agree with the commenter who said Democrats are playing with fire. The Democrats have gone 750 days without submitting a federal budget so they can demagogue Medicare. Maybe the voters are as stupid as the Democrats think they are but, if they are not, all hell is going to pay.
Even little towns like New Glaurus and Mineral Point, which are supposed to be tourists attractions in Wisconsin are a mess.
Boarded up businesses, no one walking the streets, it is just depressing.
I did see in the news though that a "Biotech" Company in Madison is adding 4 employees!!!!! It was on the local news. Sad, just sad.
And quite a bit of the "moneyed folks" in Wisconsin are blue collar. Farmers, HVAC, Carpenters, Road Construction Companies. Definitely not the "creative class".
When she was the "winner" by 200 votes, according to the unofficial count of the AP, she declared victory and "thanked Prosser for his service".
That's called being an asshole, asshole.
GM: How about you goofballs get out there and prove to the Wisconsin voters why you should win the next election instead of continuing to fight the last one? Too lazy to actually make a cogent argument or it just easier with your limited intellect to holler "Shame, shame" or "This is what democracy looks like". What pathetic folks you truly are.
Is there a cliff somewhere in Wisconsin these lemmings can follow their leader, Kloppy over? I'll pay for the gas to get them there!
Kloppenburg excercised her right to a recount. That's called democracy asshole.
Her right, but not the right thing to do. Petty, expensive for the taxpayers, and stupid. Kloppendale's margin of loss before the recount, and after, was far beyond other recounts done since 1980.
It's the now familiar leftie attempt to subvert democracy, asshole. You seem to be felling especially malicious today. Democracy seems to bad for your mood.
wv - daphe - garbage is really daphe today.
Even their governor does not have a college degree. I realize that is a definite plus for some people, but come on. Not even a fucking Bachelors from someplace like UW-Stout?
Maybe the voters are as stupid as the Democrats think they are
The ones that vote Democrat are.
When she was the "winner" by 200 votes, according to the unofficial count of the AP, she declared victory and "thanked Prosser for his service".
This is part of the Alinsky playbook. Declare victory at all times.
So, you're saying Alinsky is Yiddish for asshole?
Keep the invective coming, Garage. You goofy bastard.
Whatever dude. The Koch brothers poured huge sums of money into a race that should have never been a race. In six months six Republicans recalls were triggered, more than the entire state's history. Christie, Walker, Snyder, Scott - all extrememly unpopular. What the hell happened? You honestly think these costly Voter ID laws are to protect against fraud? LOLZ
"Kloppenburg excercised her right to a recount. That's called democracy asshole."
And you exercised your right to misspell "exercise." So? Is exercising a right some kind of impressive achievement? Refraining from exercising a right is often more impressive.
Make a list of the things you have the right to do that you are not doing and that it is a good thing that you are not doing.
So, you're saying Alinsky is Yiddish for asshole?
Pretty much yeah. Meshugah.
The Koch brothers poured huge sums of money into a race
I'll grant you your premise, though I suspect that you are embellishing considerably.
Did anyone pour huge sums of money into Kloppenburg's side? Rich people? Large corporations perhaps? Hmmmm?
Or was all of Kloppenburg's support totally grassroots, from the poor and barely middle class (and of course undergrads from out of state who vote)?
I'll wait...
Althouse! Tell me about the burden here. Do you know? I am genuinely curious.
Whatever dude. The Union brothers poured huge sums of money into a race that should have never been a race. In the last six months 14 Democrats ran to Illinois and refused to participate in a democracy, more than the entire state's history. Christie, Walker, Snyder, Scott - all remain in their elected positions. What the hell happened? You honestly think these costly recounts are to detect fraud? LOLZ
unless a temporary vacancy in Prosser's seat produces a 3-3 tie
Too bad Walker can't appoint the most anti-union judge in WI to cover the vacancy until Prosser is installed....
And Garage, your tears are delicious. Thank you.
Christie, Walker, Snyder, Scott
These are all different people. They are governing in different places. They are governing in different contexts. They are even governing a different mixture of state populations and state cultures. They are unpopular in different ways, despite some commonalities. (They are also popular in different ways, despite some commonalities.)
Surely you recognize that, garage mahal? Don't you? And I surely hope others do, as well--and by others, I mean wherever you're falling along the spectrum.
Is exercising a right some kind of impressive achievement? Refraining from exercising a right is often more impressive.
No. If you request a recount you should have the beleief you won. But, given everything in Waukesha Cty, I would have req'd a recount too.
Garage -- Will you support this moonbat's inevitable lawsuit? Yes or no?
I don't really have a lot to add here, since I'm a lawyer who worked in NYC until I had to retire due to a diagnosis of cancer.
And I may be wrong here, but in NYS, lawyers who bring lawsuits which have little or no realistic expectation of a CHANCE of succeeding on the merits, are frequently disciplined and sometimes disbarred.
And yet, apparently, Kloppenberg either truly believes she has enough evidence to overturn the board of elections recount or she is willing to be disciplined or disbarred.
Sometimes I think Wisconsin is very strange indeed.
Make a list of the things you have the right to do that you are not doing and that it is a good thing that you are not doing.
The right to remain silent?
Naah. It would be a good thing if he were exercising that one right about now.
Other than her "victory" speech ... exactly how has this woman been successful?
Because she sees herself looped on the TV news?
The unions, spending so much money, are ahead, here? REALLY? You don't think teachers, once they can check off the box that says they KEEP the dues! Don't do so? In droves.
I say, in droves. The unions will get kicked in the pants.
You know, as far away, today, as we are from that moment in time, when Ronald Reagan FIRED the airport controllers ... over their union's elegal strike ... It hasn't been forgotten!
In other words? Reagan's act of firing the airport controllers ... lived on in lore. And, is still remembered.
So, Kloppenburg's tactics here?
You know, my mom heard the threats "I'll sue." A lot in her life. She'd just smile and say "go ahead. In court, I'll win over the judge's heart." And, she was right!
Anybody, as my mom would say, with two bucks, can "sue." Well, back in those days it was not only cheap. They had night court! Men would take women on dates just to sit in court, bemused. Afterward, they could go to McDonald's for a 65-cent meal.
Let her sue! Then, when November 2012 comes around ... a lot of politicians are gonna get sacrificed. Boy, do they hate it when they lose their cushy jobs. Just ask Russ Feingold.
Carol -- You are misapprehending the problem entirely, which is what happens to this judicial seat during the lawsuit?
The day fascist jerks like garage give one percent the shit about the billions of dollars George Soros spends to support the MFM, install leftist as Secretaries of States, and generally attempt to overturn our Republic, is the day I begin to care about the relatively small amount of money that actual American citizens like the Koch brothers spend to keep all that from happening.
wv: ammedn
Changing a law after it's passed.
Garage: If you request a recount you should have the beleief you won. But, given everything in Waukesha Cty,
Ooops. Garage inadvertently admits he doesn't believe a recount was warranted.
Else, he would have said "If you request a recount you should have the beleief you won. And, given everything in Waukesha Cty..."
Garage -- Will you support this moonbat's inevitable lawsuit? Yes or no?
Althouse sucked you in. Kloppenburg isn't going to contest anything. But it'll give the hillbillies a Kloppenboner for a news cycle!
Garage: Althouse sucked you in. Kloppenburg isn't going to contest anything.
Not according to campaign manager:
She will spend the coming days reviewing the findings of the recount to determine whether to sue over the results, according to her campaign manager Melissa Mulliken.
"I'm not going to speculate" on the likelihood of a lawsuit, Mulliken said. "We have to look at the record and analyze the evidence and the law and make our decision from there."
Garage slips again.
Go to bed. You're just beating your fists on the floor now.
Kloppenburg isn't going to contest anything.
I hope you are right. Meanwhile, you keep bashing those crazy Kochs while ignoring George Soros, American Fedn of State, County & Municipal Employees, National Education Assn, Service Employees International Union, American Federation of Teachers, Teamsters, United Auto Workers, Goldman Sachs, AFL-CIO, etc., etc.
Also! Parse the list! Tell me the one about how Goldman Sachs is filled with conservative Republicans. That one makes me laugh so hard.
Most large corporations that have decently paying jobs require a Bachelors.
It says so every time you read the job description, fill out an application or are "screened" for a position.
How do you all feel that the governor of Wisconsin did not complete his degree?
Yes, we all agree with his decisions, that is a given.
But what about the no college degree. I believe a college degree does not necessarily mean you "know" anything but it does mean you at least completed something.
I mean look at Bill Gates and that Facebook guy. Didn't really seem to matter to their success. As a side note I would do the Facebook guy, but I digress.
Is a college degree really just bullshit?
"Kloppenburg isn't going to contest anything. But it'll give the hillbillies a Kloppenboner for a news cycle!"
Remember this quote, and use it as a flail against garage when he flaps around his own measly "Kloppenboner" during the coming lawsuit.
I do have to admit, I do find it somewhat amusing, when a moonbat comes on here and gets the wingnuts all worked up.
Really people, come on, like is too short.
Enjoy, relax, bust a load. Just be...in the NOW.
Because tomorrow is going to be the END of the world!!!!!
Gosh, Fen, what a great idea! IF Kloppy can use the courts to keep Prosser "waiting" ... THEN ... as it would be an emergency situation ... The governor could "fill the temporary vacancy" with his own choice.
WIN. WIN. And, Shirley Abrhamason is 78 years old. If she starts doing a "Ruth Bader Ginsberg" and flops forward to sleep during Orals ... would she not face angry voters?
It's been said that Shirley Abrahamson's ONE claim to fame ... is that she never passed even small groups on the street. Without going out to shake their hands!
She needed voters to stay empowered. What if it gets pointed out to the governor, that Shirley is suffering from old-age dementia?
Just because we're unaware of strategy; doesn't mean Governor Walker is a pushover. Or that he gets hurt when issues put him in the spotlight.
"Is a college degree really just bullshit?"
Yes, mostly.
Not according to campaign manager:
You're PMSing, as usual.
IF Kloppy can use the courts to keep Prosser "waiting" ... THEN ... as it would be an emergency situation ... The governor could "fill the temporary vacancy" with his own choice.
Great, except there's absolutely no reason to believe that a governor can appoint an elected official when the election is disputed. That could be the case, I suppose, but it's not likely.
Democrats love some democracy, except when they don't.
"Whatever dude. The Koch brothers poured huge sums of money into a race that should have never been a race. In six months six Republicans recalls were triggered, more than the entire state's history. Christie, Walker, Snyder, Scott - all extrememly unpopular."
You're as delusionary as the PPP polls you seem to be citing.
Pour yourself another, it's extrememly good for your spelling, garbage.
Ann is a real prince[ss] of a person to condescend to even respond to a POS like yourself on her highly-esteemed site.
So-called "Progressives" abuse the judiciary to impose various tyrannies they can never get past the legislature.
Now, so-called "Progressives" attempt to abuse the judiciary in order to:
1) Circumvent an election.
2) Further abuse the judiciary.
Where (and when) does it end?
Pour yourself another, it's extrememly good for your spelling, garbage.
I wish. Head cold. Blech. I used to live in Boca yrs ago. Palmetto and A1A. I'm guessing you live west of Federal? And bro, that is one huge ass cat! Can't tell where it ends, and you start.
Kloppenburg excercised her right to a recount. That's called democracy asshole.
I wish we could "excercise" Dane County and give it to France.
"Wow, Garage. Your anger makes you look even smaller than usual."
I believe it's called shrinkage.
Equal branches of government.
The governor fills vacancies.
And, to call the seat "disputed" ... when the election results are in, and certified ... would mean
IF THE SEAT IS OPEN, the vacancy can be filled. As long as the courts held the seat "open" ... and didn't allow the person who won it to be sworn in ... Then, yes
the Governor could fill the seat. It's OPEN till it's filled.
Can't have it both ways.
Plus, the election is not being "disputed." Only that the same democraps who did flee to Illinois ... are pulling more tricks with their own who are judges.
What would be in it for the judge that goes along with the union?
And? If by some chance sweet deals get made ... doesn't the Governor have to sign laws passed by the legislature into law?
PLUS, the power of the purse. The legislature can go after the funds that are given to the judiciary.
In other words, you have 3 branches of government. When one branch decides to "win" they could run out of taxpayer money. Heck. There's a reason self-interest prevails.
Kloppy is even more graceless than Algore.
Carol -- You are apparently an idiot.
Wisconsin has a law -- a host of them -- that will instruct what to do if Kloppenburg files a lawsuit. If appointing a judge is something the governor is supposed to do, there is a law so specifying. State officials will not be just making shit up the way you just did.
"Is a college degree really just bullshit?"
If you have one, you know how you got it.
If not, and you're successful, you know how you got that too.
The second person knows for sure their accomplishment is not bullshit. And never needs to ask this.
Democrats don't worry about side effects. Direct action is as far as consequences go.
That's why they're Democrats, the party of emotional children.
At what point to the Democrats believe in the voters? This is beyond wierd.
Does it have to come to bodies in the streets, bullets flying everywhere?
Jeez. Maybe things will calm down after The Rapture doesn't happen today.
Garbage has "beleief". I have no idea what that is, but raging looney tune liberals all write like hdhouse, apparently.
"esxtensions" [...] "extrememly" [...] "beleief."
At least the "hillbillies" hereabouts aren't functional illiterates.
It seems to me that the longer Kloppy persists in her "forlorn hope" the more likely she is to bring discredit to her causes amongst the (recall) electorate.
Fight on Kloppy: now that you're in your hole, keep digging!
Kloppenburg has no morals. She'll not only file a lawsuit, but she'll file many. Wisconsin has become an embarrassment.
Is there a quorum requirement for the WI Supreme Court? Could the three sitting conservative Justices issue a notice that, due to Kloppenberg's obvious and politically driven intent to influence the outcome of cases before the Court, they will not hear any cases until her lawsuit is resolved and a seventh Justice is seated?
As the good professor notes in her post, the rhetoric will be something else to behold--esp when it is sandwiched between 13 second periods of silence during the Q and A
I see Trumka of the AFL/CIO has recently been taken to the tool shed by the rank-and-file union members upset with their thuggish union goon comparisons. Trumka threatened to withhold dues payer funds to recalcitrant pols who don't toe the union line. His union members apparently outnumber Trumka's supporters effectively neutering him and his goons.
Beware the silent majority. If I read this correctly I doubt Kloppen and her puppet masters will push what little luck they have left in pursuing a lost and subversive/toxic battle.
Kloppen may have a legitimate right to ask for a recount just as I have a right to walk across the street on a green light without looking both ways. Of course I may get run down by a red light runner but at least I died exercising a right.
I was right but I was dead right. Kloppen is legally right by a scant 1/10 of a per cent but failed the real "class" test which killed her credibility. She and her handlers perverted the democratic process is numerous ways for the cheap thrill of a stalling technique.
Hint: sue Kloppenburg.
Is there a quorum requirement for the WI Supreme Court? Could the three sitting conservative Justices issue a notice that, due to Kloppenberg's obvious and politically driven intent to influence the outcome of cases before the Court, they will not hear any cases until her lawsuit is resolved and a seventh Justice is seated?
Very good question. The quorum requirement is set out in the state constitution:
Article VII, §4 ¶(1)
(1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10-year terms of office commencing with the August 1 next succeeding the election. Only one justice may be elected in any year. Any 4 justices shall constitute a quorum for the conduct of the court's business.
The absence of 1 Justice, then, can't deprive the court of authority to conduct business. But it can certainly disrupt things, depending on the context: a 3-3 split on the merits of an appeal means, of course, no resolution. And, 4 votes are required to accept a certification request (such as the the currently pending Ozanne v. Fitzgerald.) It is the latter context, I'd guess, that poses the greatest potential for problems.
But Althouse given he persistent problems of how voting records were kept in Waukesha, how can one not become a bit exercised and frustrated? Now at least, I suspect, there will be fewer"Waukesha" problems in the next election, and that is a good thing.
While she's doing that, I'll be busy with my Draft Meryl campaign. I'm hoping to persuade Ms. Streep to play Kloppenburg in the inevitable Lifetime Original Movie. They both share the same cheekbones and flared nostrils. But I don't know if I can convince Ms. Streep to put her fingers in a 220v outlet to achieve the Klopp's signature hairdo.
Oh, don't worry - they have wigs for that. The only problem is, they usually come in rainbow colors.
RV--I do hope you were similarly exercise about how King County, WA, handled its election process in the 2004 gubernatorial election.--I rather think not, but please advise
Last night, Channel 3 in Madison reported that Prosser had lost over a thousand votes in the recount. This article says that Kloppenburg gained a little over 300 votes. Talk about the media deceiving the public to make a legal challenge seem more reasonable!
I guess I've not paid enough attention (hey, I live in Michigan and we have our own comedy road show).
Was not the "problem" in Waukesha one of votes not "reported" to Associated Press, but that were otherwise duly recorded in county records?
Is an oversight in advising the press now more critical in an election than the actual tallying and recording of the vote?
I don't recall bags of ballots being discovered in a car trunk or whatever.
As I said, I may have missed something.
BTW, it's probably the case that Klopp had a major funding advantage for this recount, and also that the scrutiny was largely on a conservative district.
That kind of thing often impacts who gains more votes.
Sad.
But sane, since Prosser's margin was simply too high to realistically overcome, even with that kind of advantage.
Everyone trying to keep him off the bench knows that the voters elected him. But they know the voters elected a Republican legislature and Governor, too. This kind of reaction suggests that the democrats in Wisconsin are crazy and live in a bubble, and honestly think they can get away with whatever they want to. They haven't bothered to consider conservatives in their entire lives, and so they just reject them out of hand, even when that means rejecting democracy itself.
This kind of nonsense is how states shift for a generation.
Carrie ...
I presume the 700 odd votes not assigned a candidate by Ch 3 decamped for Rockford?
Who is paying for all this? Who is backing this woman? This is not about her and her loss. There has to be big special interest money involved.
roesch-voltaire said...
Now at least, I suspect, there will be fewer"Waukesha" problems in the next election, and that is a good thing.
And thanks to the new voter ID bill, perhaps there will be fewer "Milwaukee" problems. That is also a good thing.
wv: lobbe. Let's all go to the lobbe!
The Koch brothers poured huge sums of money into a race
And the unions spent even more.
Watching you gnash and flail gets boring, garbage.
You say, I think quite correctly:
"So Kloppenburg failed to win a seat on the Wisconsin Supreme Court in an election that focused on the budget-repair bill, but she could try, by initiating a futile lawsuit about the election, to affect the way the Wisconsin Supreme Court decides the budget case and to affect it in a way that is contrary to what the voters voted for."
At some level and at a bare minimum, this sounds in abuse of process. Her object at this point is clearly not to win, nor is it any longer (as she once claimed) pursuing this in order to assure that all votes are counted.
She seems now to be focused only on accomplishing an improper purpose, one that would be collateral to the proper object of the court process that she is considering pursuing, and, moreover, one that, further, is prima facie offensive to the proper operation of the system of justice.
If she files suit, she will arguably be seeking to prevent Justice Prosser from being sworn in for the new term beginning on August 1st, and thereby to possibly substantially affect the outcome of the litigation!
Not only did she waste valuable state resources by insisting on a recount she could not win, and thereby politically commit "suicide-by-recount", but she now appears to be giving serious consideration to stepping right over the line in order to further disrupt the orderly transitional process of the Court, and possibly seeking thereby to affect the outcome of litigation!
I cannot believe at this point that she is doing this all on her own initiative. In Wisconsin, are judicial candidates required to disclose all contributions, including any contributors to her legal fund to pay for any such litigation?
Trochilus; Seems the lefties and progressives have salted the mine in Wisconsin with their noisy Manchurian Candidates. Over a period of time they have managed to establish cells in each branch of the state government to act as checks-and-balances on their agenda should pesky democracy intrude.
The 2008 election shocked them because their bought and paid for bureaucrats were ushered out at the voting booth. Bringing in their support groups within and without the state was a protest one step beyond the sensitivities of the now wide awake electorate.
The failure of the progressive agenda may be traced back to something as innocuous as marble defaced by post-it notes in the rotunda by some noisy drum banger from Santa Cruz, CA.
Yamamoto understood this after the attack on Pearl Harbor paraphrased; "I'm afraid we have have only awakened a sleeping giant."
Lock up the women and children...the union goons are on the property.
How many more times does Kloppenhag have to hear that she has lost. She must be in the fetal position by now having a meltdown. What will this do to her hair?
She must be in the fetal position by now having a meltdown.
"This is what garage mahal looks like."
I wonder who is advising her.
I expect Klop to sue to stretch out the time before Prosser's victory is certified. The Dems have consistently use illegal or immoral methods to achieve their political goals for many years now.
Dems get away with gutter politics because most independents don't pay enough attention to politics or have sufficiently unbiased news sources to know what is going on.
Independents are not leftist but they tend to watch news media that is lefty (since you have to make special effort in the USA to avoid lefty news media). This gives the Dems a huge advantage in reaching the independents.
Obviously Dem control of schools all the way from K through grad school and the entertainment industry also gives the Dems a huge propaganda advantage.
Republicans have a long way to go to match the Dems' propaganda machine. At present I don't even see a plan for making this happen.
Republicans also need to study and understand independents. My guess is that most independents are not burdened by a coherent political philosophy and are likely to be moved by relatively shallow arguments that, for whatever reason, resonate with them at an emotional level.
This is what democracy looks like. What pathetic folks you truly are.
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