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Thu Mar 21, 2019, 01:51 PM

Wisconsin GOP Acted Illegally by Stripping Incoming Governor of Power, Judge Rules

Last edited Fri Mar 22, 2019, 08:14 AM - Edit history (1)

https://www.motherjones.com/politics/2019/03/wisconsin-gop-acted-illegally-by-stripping-incoming-governor-of-power-judge-rules/

The special session convened by the Republican-controlled legislature broke the law.

Republican state lawmakers in Wisconsin acted illegally in December by stripping power from the state’s newly elected Democratic governor before he could take office, a judge ruled Thursday.

A month after the November election, Wisconsin’s Republican-controlled legislature convened a lame-duck session to undercut incoming Democratic Gov. Tony Evers. They confirmed 82 executive appointees nominated by outgoing Gov. Scott Walker, many without holding a single hearing, and they blocked the new governor from making administrative changes to state laws and from following through on key campaign promises, such as withdrawing the state from a Republican-backed lawsuit challenging the constitutionality of the Affordable Care Act. They also limited early voting in the state, which had contributed to record turnout in 2018.

But Dane County Circuit Court judge Richard Niess ruled that the lame-duck session itself violated the law and invalidated the actions of the lame-duck legislature.  Walker, Niess found, did not formally call the session, nor did the legislature pass a statute authorizing it, as required by the state constitution.“The legislature did not lawfully meet,” Niess ruled in response to a lawsuit filed by the Wisconsin League of women Voters. “There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law.”

..more..

29 replies, 4951 views

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Arrow 29 replies Author Time Post
Reply Wisconsin GOP Acted Illegally by Stripping Incoming Governor of Power, Judge Rules (Original post)
G_j Mar 2019 OP
stopbush Mar 2019 #1
Bettie Mar 2019 #2
TeamPooka Mar 2019 #8
calimary Mar 2019 #13
gratuitous Mar 2019 #5
AllyCat Mar 2019 #22
DFW Mar 2019 #3
Greybnk48 Mar 2019 #4
mysteryowl Mar 2019 #7
ProudMNDemocrat Mar 2019 #6
wryter2000 Mar 2019 #9
cstanleytech Mar 2019 #11
Initech Mar 2019 #10
malaise Mar 2019 #12
calimary Mar 2019 #14
Honeycombe8 Mar 2019 #15
Traildogbob Mar 2019 #16
G_j Mar 2019 #18
cp Mar 2019 #17
California_Republic Mar 2019 #19
HuskyOffset Mar 2019 #20
G_j Mar 2019 #21
oasis Mar 2019 #23
Hotler Mar 2019 #24
spanone Mar 2019 #25
MyOwnPeace Mar 2019 #26
blue-wave Mar 2019 #27
Nitram Mar 2019 #28
Jim_Pridx Mar 2019 #29

Response to G_j (Original post)

Thu Mar 21, 2019, 01:55 PM

1. a win for the good guys!!

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Response to stopbush (Reply #1)

Thu Mar 21, 2019, 01:56 PM

2. But they will take it to the State SC which

is pretty much an arm of the Republican party these days.

ETA: However, since the case was decided on procedural issues, they might not overturn it. The asshats didn't follow their own procedures.

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Response to Bettie (Reply #2)

Thu Mar 21, 2019, 02:40 PM

8. let them appeal it. It's bad politics and it will be a cudgel we can use for the next cycle

the will of the voters and all that.

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Response to TeamPooka (Reply #8)

Thu Mar 21, 2019, 03:35 PM

13. Yep. This is something our side can, and SHOULD, weaponize.

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Response to stopbush (Reply #1)

Thu Mar 21, 2019, 02:01 PM

5. Which means this ruling won't be the end of it

I'm not current on Wisconsin's courts: Is the Supreme Court there likely to uphold the lower court decision or overturn it?

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Response to gratuitous (Reply #5)

Fri Mar 22, 2019, 09:02 AM

22. Overturn. They are split 4-3 GOP

Could be 5-2 if the homophobic Hagadorn wins on April 2.

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Response to G_j (Original post)

Thu Mar 21, 2019, 01:57 PM

3. Probably nothing that will get any of them jail tme, but.....

If the entirety of their actions after the election are voided, and that is upheld, I (and Wisconsin) would be perfectly happy with that.

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Response to G_j (Original post)

Thu Mar 21, 2019, 01:59 PM

4. So are the 82 executive appointees invalidated now?

Will Evers be permitted to appoint whomever he wants now, instead of Walker picks?

Does anyone here know?

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Response to Greybnk48 (Reply #4)

Thu Mar 21, 2019, 02:34 PM

7. Yep, all 82 illegal appointments struck down!

Niess' ruling also struck down 82 appointments Walker made during the waning days of his administration, all of which were confirmed by Republican state Senators in the lame-duck session. Those appointments included Public Service Commissioner Ellen Nowak and University of Wisconsin Regent Scott Beightol, both of whom were confirmed in December to terms that end in 2023.

"The appointments are ordered temporarily vacated as a necessary consequence of this temporary injunction," Niess wrote.

What remains to be seen is whether Evers will act on any of these powers before the case is appealed, and whether a higher court will block him from taking action. The final say in this case would fall to the Wisconsin Supreme Court, where conservatives hold a 4-3 majority.

https://www.wpr.org/judge-blocks-gop-laws-passed-lame-duck-session

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Response to G_j (Original post)

Thu Mar 21, 2019, 02:12 PM

6. Walker says he is not finished with Wisconsin politics.....

Scott Walker thinks he can run for Governor again or even US Senator? It will depend how this case moves forward being that he wanted the incoming Democratic Governor to have no power whatsoever.

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Response to ProudMNDemocrat (Reply #6)

Thu Mar 21, 2019, 02:46 PM

9. Yeah, well...

Maybe the state of Wisconsin is done with him.

The one and only thing Trump did for us, IMHO, was to deflate the presidential ambitions of Chris Christie and Scott Walker.

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Response to ProudMNDemocrat (Reply #6)

Thu Mar 21, 2019, 03:07 PM

11. Maybe the people of Wisconsin will be lucky and he will have a stroke or be imprisoned?

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Response to G_j (Original post)

Thu Mar 21, 2019, 03:00 PM

10. GOP acted illegally??? I'm shocked, shocked I tell you!!!

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Response to G_j (Original post)

Thu Mar 21, 2019, 03:10 PM

12. Of course they did

Great news

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Response to malaise (Reply #12)

Thu Mar 21, 2019, 03:36 PM

14. Yep. No kidding.

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Response to G_j (Original post)

Thu Mar 21, 2019, 03:47 PM

15. Great news! The law prevails. nt

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Response to Honeycombe8 (Reply #15)

Thu Mar 21, 2019, 04:00 PM

16. Great

North Carolina democrats if ya listening, grow a pair. The same was done to Gov Cooper.

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Response to Traildogbob (Reply #16)

Thu Mar 21, 2019, 04:38 PM

18. Similar

lots of law suits

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Response to G_j (Original post)

Thu Mar 21, 2019, 04:08 PM

17. Hurray! JUSTICE.

This is great news.

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Response to G_j (Original post)

Thu Mar 21, 2019, 10:42 PM

19. Sweeeeeeeeeeeet!

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Response to G_j (Original post)

Fri Mar 22, 2019, 07:59 AM

20. Your final quote from the judge is missing a word

You may have been the victim of autocorrect, you quote the judge as saying:

There can be justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law.


but you're missing a word, which reverses the meaning. What the judge actually said (follow the link to the Mother Jones article) is:

There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law.

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Response to HuskyOffset (Reply #20)

Fri Mar 22, 2019, 08:16 AM

21. Correct

Thanks. Cut and paste failed to catch the no, as it was underlined. Yes that does change the meaning!

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Response to G_j (Original post)

Fri Mar 22, 2019, 09:09 AM

23. Slimeball, Snake Scott Walker Setback.

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Response to G_j (Original post)

Fri Mar 22, 2019, 11:11 AM

24. ........Good.....

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Response to G_j (Original post)

Fri Mar 22, 2019, 11:15 AM

25. K&R...👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼

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Response to G_j (Original post)

Fri Mar 22, 2019, 11:23 AM

26. Once again proves

how important each and every single judicial nomination and election is. McTurtle and the Senate have been shoveling in a bunch of "wacko" judges that will be making rulings that will affect us and our children for years to come.
THIS MUST STOP!

GET OUT THE VOTE!!!!!

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Response to G_j (Original post)

Fri Mar 22, 2019, 11:45 AM

27. As there actions were Illegal

prosecute them all. They are deliberately undermining the rule of law and the stability of our country. Their disdain for America must be kept in check.

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Response to G_j (Original post)

Fri Mar 22, 2019, 01:14 PM

28. Excellent news!

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Response to G_j (Original post)

Fri Mar 22, 2019, 01:20 PM

29. Indeed great news!

This makes an extremely important Neubauer/Hagedorn race even more important on April 2nd. Go Lisa!

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