February 3, 2024

"[Dean] Phillips has accused the DNC of working to obstruct the presidential primary process by changing the Democratic primary schedule, refusing to hold debates..."

"... and preventing the engagement of delegates from New Hampshire. 'I don’t know how to better articulate these efforts than, yes, a threat to democracy by undermining it and suppressing it,' Phillips told The Post last month."

From "Wisconsin Supreme Court orders longshot Dem candidate Dean Phillips be added to primary ballot" (NY Post).

Here's the court's unanimous opinion. Excerpt:
Section 8.12(1)(b), Stats., ... assigns one task to the Selection Committee — to determine which candidates have candidacies that are "generally advocated or recognized in the national news media throughout the United States" (the media advocacy or recognition standard). Wis. Stat. § 8.12(1)(b). The Selection Committee is granted discretion in determining whether a particular candidacy meets that standard, but it is statutorily mandated to perform that analysis. If the Selection Committee concludes that a candidacy meets that standard, the statute says that it "shall place" that candidate's name on the presidential preference primary ballot. Id....

On January 2, 2024, at 10:00 a.m., the Selection Committee convened the presidential candidate selection meeting as required by Wis. Stat. § 8.12(1)(b). The two party chairs listed the names of the candidates that their respective parties sought to have listed on the presidential preference ballot. The chair of the Democratic Party of Wisconsin listed only the name of Joseph Biden to be placed on the Democratic presidential preference primary ballot. Without any discussion, the Selection Committee unanimously adopted a motion to place the names submitted by the party chairs on the ballot. After adopting a procedural motion regarding the minutes of the meeting, the Selection Committee adjourned. The Selection Committee held no discussion about Phillips or any other Democratic presidential primary candidate. The entire meeting lasted just over five minutes....

"[T]here is no evidence" that the Selection Committee's decision not to certify the subject candidate's name for ballot placement "was based on the Selection Committee's having properly applied the statutory standard of media advocacy or recognition" to the candidate's candidacy.... [W]e conclude that the Committee's "failure to exercise at all the discretion conferred upon it by statute constitutes an abuse of that discretion." Id. at 490. As we explained in [a 1992 case]: 
The law governing the selection of names for ballot placement in the presidential preference election is inclusionary, not exclusionary.... The proper exercise of the Selection Committee's discretion does not permit it to ignore the names of persons known to have declared their candidacy....

By the way, in Wisconsin, in any given primary, we get to decide which party's primary we want to vote in. No party registration is involved. Nothing prevents Trump supporters, assured of their candidate's nomination, from protesting Biden by voting for Phillips in the primary. But what's the point? Perhaps those who don't like Trump or Biden will feel that it's worthwhile to vote for Phillips.

ADDED: Maybe Biden supporters, assured of their candidate's nomination will vote for Phillips as a way to express displeasure that the 2024 race came down to a rematch of the 2 deeply flawed, deeply elderly men.

40 comments:

PB said...

It's not just the democratic primary they're trying to subvert.

rehajm said...

The first major order of national business for the highly partisan kangaroo court is to shoot its own party in the foot?

Dave Begley said...

How Soviet of the Dems.

Leland said...

I understand courts deciding conflicts, but the number of court cases this election season deciding who can and cannot be on a ballot is concerning. That said, I disagree with Phillips that a party moving their primary date is a threat to Democracy. Perhaps that is because the issue of Presidential primaries are usually moot by the time of Texas primary, and Texas has hardly any similar interests to Iowa or New Hampshire. Indeed, if Texas had more say over the past 40 decades, would we have such disinterest in leaders about the border?

Howard said...

Democracy thrives when exposed to solar radiation.

Oso Negro said...

When Democrats speak of “threats to our democracy”, I believe them to be quite sincere - they have rigged the game for so long that their words reveal their proprietary sense of the system itself. Cheaty-ass motherfuckers. I would love to know, for example, how black people really vote, all I know is how their votes are counted. I would love to know what drugs they give Biden before they shuffle him out on stage - must be an amazing first 45 minutes.

rehajm said...

…do they get to do the river keeper Kennedy guy and the Harvard race grifter guy too or is this it?

Breezy said...

“ADDED: Maybe Biden supports, assured of their candidate's nomination will vote for Phillips as a way to express displeasure that the 2024 race came down to a rematch of the 2 deeply flawed, deeply elderly men.“

One of the deeply flawed, deeply elderly men is deeply loved and deeply supported. The other is deeply propped up despite people being deeply concerned about his obviously deep cognitive decline.

Quaestor said...

I'm growing very weary of this threat to democracy bleat. If democracy is so valuable to Dean Philips, why hasn't he done anything to preserve it in his home state?

Loathe them or hate them, the Democratic Party is a private organization that is free to govern itself as it sees fit. If the party bosses want to draw attention to Biden's dread of an honest and open national convention, more power to them. It's a welcome change from celebrity endorsements.

Rory said...

The Dems haven't had a meaningful primary season, designed to discover the will of its own voters, since 2008.

Mike of Snoqualmie said...

The Democrat Party cares nothing about democracy. All they care about is power and they will use any method to make sure they retain power. Examples are Russiagate, the railroading of Mike Flynn, the lawfare against Donald Trump, the serial lies about Republican nominees as the "next Hitler." They started using the Hitler cry in the 1940 election and against Ike.

Democrats are barbarians. Always undermining civilization.

gspencer said...

Amusing to see that even Democrats, here Phillips, just don't realize just how evil their party is.

Hey, Dean, your party is the party of slavery. You are aware of that, right? And the party of abortion today, abortion tomorrow, abortion forever. And yes, George Wallace was a Democrat. btw, give old Bernie Sanders and let him tell you how he was treated.

Big Mike said...

The least democratic party in the history of the Republic.

Owen said...

What a transparently contemptuous joke of a “selection process.” They don’t care.

What is the penalty for dereliction of duty as members of this committee? Nothing? I thought so.

Rich said...

Good for Phillips — he’ll still not manage 2% of the vote. Dean needs to realize he's uninteresting.

Wince said...

'I don’t know how to better articulate these efforts than, yes, a threat to democracy by undermining it and suppressing it…”

Welcome to the party, pal!

Duke Dan said...

Just another example of democrats killing democracy while yelling that they are saving it.

Joe Bar said...

Does it really matter? The DNC will select whomever they want, anyway.

Mark said...

Didn't Rush advocate for voting the other party primary and label it 'Operation Chaos' or something like that?

robother said...

Of course, the lawfare itself is imposing a cost on a outsider candidate, forcing him to expend relatively scarce resources on these battles just to get on the ballot.

Temujin said...

I love when the Left cries out about the End of Democracy. They broke it into pieces a long time ago.

Mike of Snoqualmie said...

Bernie Sanders runs as an Independent. So, the Democrat/Barbarian Party could say "You're not a Democrat/Barbarian. You're not eligible to run on the Democrat/Barbarian Party ticket. So, go away."

Instead, they make nice to Bernie while at the same time shoving the shiv into his back. All to keep the Bernie Bros voting Democrat/Barbarian. The Democrat/Barbarian Party is the dictionary definition of dishonest.

J L Oliver said...

Phillips is my rep. He definitely likes to project a middle of the road character and newsletter. He votes 100% far left.

Cappy said...

Protect Our Democracy.
Defeat East Asia!

Oligonicella said...

Duke Dan:
Just another example of democrats killing democracy while yelling that they are saving it.

Much like their support of "reproductive rights".

Patrick Henry was right! said...

Wait a minute!!! You get on the ballot based on whether the news media writes or comments on you enough?????? How is that "democracy"?????? Who came up with that idea????

Ice Nine said...

Interesting. Even more so when we know that had this been an "insurrectionist" candidate named Donald Trump being kept off the ballot, Wisconsin's SC would have handed down a very different decision.

Mike of Snoqualmie said...

We have four political factions in this country, grouped as two factions per party:

Democrat/Barbarians who support DEI/ESG, criminals, "climate change", over regulation and "green" energy, suppress free speech and Americans choices for fuel and the vehicles/devices that use our choice of fuel. See the Squad, Nancy Pelosi, Chuck Schumer, to name just a few.

Democrat/Civilizers who support prosecution of criminals, free speech, and fossil fuels, and oppose terrorists of all types. Few of them, Senator John Fetterman.

Republican/RINOS - just another name for Lite Democrats, kind of like how Bud Light is just a water downed version of Budweiser (Both brands hardly qualify as beer). Nikki Haley and Mitch McConnel are prime examples.

Republican/MAGA who support freedom of choice for fuel, speech, love of country, parents' rights. Trump, Gov. Abbott, Mike Johnson, Ted Cruz, etc.

What we need is to suppress the Democrat/Barbarians and replace the Republican/RINOS to achieve a vibrant Republic where policies are honestly debated and implemented for the benefit of all Americans, not just the connected-elite.

Tom T. said...

It would be amusing to see all the Democrats crossing over to vote against Trump, and all the Republicans crossing over to vote against Biden.

Rusty said...

Mark said...
"Didn't Rush advocate for voting the other party primary and label it 'Operation Chaos' or something like that?"
Yep. See ya at the polls!
And by all means promote Phillips. Thereby guaranteeing a win by Trump.

Tina Trent said...

Quaester makes a good point. Are they violating their own charter?

n.n said...

Democracy is not viable with Democrats.

Mason G said...

"Wisconsin Supreme Court orders longshot Dem candidate Dean Phillips be added to primary ballot"

If the courts are going to be deciding who will be (and won't be) on the ballot and then making decisions about how the election was held afterwards, maybe they should just choose the winner and be done with it.

gilbar said...

Leland said...
if Texas had more say over the past 40 decades, would we have such disinterest in leaders about the border?

interesting point!
Also..
If democrats decide that immigrants given the vote, will vote republican; imagine dem feelings on immigration

For That matter..
Just look at voting habits of LEGAL immigrants, and think about WHY democrats prefer "refugees"

Of course.. Then consider IF representation was decided by # of Citizens instead of # of people.
How many seats would dems lose? How do This affect their LOVE of alien invasion?

Joe Smith said...

The DNC is a criminal syndicate even with their own people.

While the RNC is just incompetent...

Rusty said...

Is Phillips with the 'Milk of Magnesia' people? That would be something to run on.

Jim at said...

Didn't Rush advocate for voting the other party primary and label it 'Operation Chaos' or something like that?

You mean like the Democrats actually did in the recent New Hampshire Republican primary?

raf said...

if Texas had more say over the past 40 decades, would we have such disinterest in leaders about the border?

Maybe there should be a law that primary elections should be in inverse order of state population. Let all the little states have their say before the big ones duke it out at the end.

Christopher B said...

Rory said...
The Dems haven't had a meaningful primary season, designed to discover the will of its own voters, since 2008.


In 2008 the Democrat PTB realized early on that their dogs weren't going to eat what they were dumping in the bowl along with the fact that, paraphrasing the current POTATUS, 'clean, black, and articulate was storybook, man!'.

The Democrats haven't stopped messing with their primaries in an effort to get the 'right' result since 1980. It's only gotten more blatant lately. When Jimmy Carter had his big break out in the 1976 Iowa caucuses people tended to forget he ran *second to uncommitted* in the delegate count. Starting in 1980 uncommitted was no longer a choice.

Greg the Class Traitor said...

[W]e conclude that the Committee's "failure to exercise at all the discretion conferred upon it by statute constitutes an abuse of that discretion."

That's a cool line, and I tend to agree with it