3 thoughts on “Stormy Sunday open thread

  1. Zach, thanks.

    IMHO, Brendan Fischer in this 17-minute podcast http://fb.me/8rBNNsJZ9 is a must listen on the John Doe, Walkergate, the Wisconsin State Supreme Court, and the U.S. Supreme Court.

    devilsadvocatesradio @devilradio

    @prwatch @brendan_fischer talked #JohnDoeWalker before the WI SC, and what recent releases tell us about Walker’s…

    The hope is, and Brendan’s not the only one who is saying this is that Chief Justice John Roberts appears to have sent a message to the Wisconsin Supreme Court in a recent decision. He broke with the four other conservative Justices on campaign finance reform, because the case was about the election of a judge. If, as we all expect, the Wisconsin Supreme Court rules against Schmits, the John Doe, that would appear to leave open the possibility that Schmitz could appeal to the Federal Courts.

    1. John, thanks for pointing out this interview. Great stuff!
      I’ve been thinking about Caperton v Massey lately, and it’s great to hear an actual legal professional confirm that it should come into play in the John Doe case. However, it leads me to kind of a black hole in my understanding of procedure…
      1) Assume WI Supreme Court rules 4-2 (Bradley recused already) in favor of Walker/O’Keefe
      2) Schmitz appeals to federal court/SCOTUS that the 4 RW justices should have recused
      3) SCOTUS cites Caperton, says the 4 RW justices must recuse and remands the case back to WI
      4) That leaves us with only 2 WI Supreme Court justices able to hear the case; That’s not a quorum, and I don’t think they can do anything… So then what happens?
      Does the John Doe proceed? Do current coordination rules stay on the books? Are there lower court rulings to revert back to? (I think the WI Court of Appeals punted at least Schmitz’s appeal of the quashing of subpoenas up to the Supreme Court without ruling on it, not sure about the other cases.)
      Does everything just stop, and we’re left no accountability like with the Prosser choking case?

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