First, it seems pretty clear to me that the Wisconsin Supreme Court mangled U.S. constitutional campaign finance law to let elected officials like Gov. Scott Walker coordinate with outside groups on an unlimited basis with groups taking unlimited campaign contributions from whatever source so long as the outside groups avoid express words of advocacy like vote for or vote against. The second issue is whether those Justices on the WI Supreme Court who benefitted from the outside spending by the very groups before the court should have recused themselves from hearing the case. The number of redactions involving the actions of controversial state Supreme Court Justice David Prosser are remarkable in and of themselves.But Hasen doesn't think the Court is likely to take the case — especially in its current 4-4 condition.
May 2, 2016
Rick Hasen at Election Law Blog tries to read the cert. petition in the Wisconsin John Doe case, but finds it hard because of redactions (even in parts of the questions presented).
But he finds what he calls "two meaty issues":