Posted on 12/23/2011 6:12:53 AM PST by WOBBLY BOB
The district attorney who filed a lawsuit challenging Wisconsin's law passed this year effectively ending collective bargaining rights for most public workers said Thursday he is considering asking the state Supreme Court to rehear the case.
Dane County District Attorney Ismael Ozanne told the Associated Press he was looking at making the request after learning that Supreme Court Justice Michael Gableman had received free legal services from a firm that defended the law in that case decided in June.
Gableman was part of a four-justice majority that upheld the law, which generated massive opposition protests and made Wisconsin the center of the national fight over union rights.
There's no guarantee the court would agree to rehear the case even if Gableman did not participate in making that decision. If no other justice changed their opinion on the case, a 3-3 deadlock would be possible and it would not be heard again.
(Excerpt) Read more at twincities.com ...
This is similar to the Kagan recusal issue on Obamacare: a tie vote upholds the law. If the Wisconsin justice recuses himself and the rest vote the same way, it’s 3-3 and the law is upheld. If Kagan recuses herself it doesn’t change anything — 4-4 with Kennedy voting to uphold means the law is upheld. 5-3 with Kennedy voting to overturn means it’s struck down. It’s still in Kennedy’s hands barring some surprise twist.
In both cases the recusal isn’t meaningful unless some justices vote differently than expected.
Speaking of folding, the House of Scared Pubbies today will probably give unanimous consent to Dingy Harry's take-it-or-leave-it ultimatum. It would be improper for the people's House to delay Dear Leader's extravagant, taxpayer paid vacation.
Since Ann Walsh Bradley and Shirley Abrahamson accepted millions....MILLIONS in campaign contributions from AFSCME and WEAC when they were running for election, can we ask them to step aside as well?
Wisconsin “do-over” ping.
Geeeesh! These people make me sick. They want to do-over every election that dies not suit them and every judicial decision that is against their interest.
The decison has been made, “Done is Done” so get over it.
I heard an analysis this morning that the fact that they’re trying to pull this crap is an indication that they’re not feeling too well about their recall chances. If Gableman recuses himself, he should be kicked off the court for simply being an idiot. I don’t think he’s due for reelection for 5 or six years anyway, so why should he recuse himself?
For the benefit of those playing at home (i.e., not in Wisconsin), the State Capitol is located in Dane County. Dane County is perhaps as liberal as Ann Arbor or Berkley, and the County DA, while nominally a non-partisan position, is almost always held by a liberal Democrat. The state law and civil procedure typically fix jurisdiction over state government functions in the Dane County - assuming that if the Capitol, the legislature and the Supreme Court are there, it must be the appropriate jurisdiction. So, you get this hack yahoo Ozanne involved repeatedly as an attack on Walker. If the law were to make a random assignment of complaints to DA’s and courts in outlying counties, this nonsense wouldn’t get very far.
Scott Walker details $123.2 million in budget cuts
more gloom and doom from scotty bauer
http://www.twincities.com/ci_19609940
Scott Walker details $123.2 million in budget cuts
more gloom and doom from scotty bauer
http://www.twincities.com/ci_19609940
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