DAILY WISCONSIN

Law

Not his only ‘weird sense’

I find no issue with trying to avoid disenfranchising voters. And certainly the logistics in these cases is always problematic but Wisconsin has done hundreds of these special elections over the years under very similar circumstances. I read somewhere else that there might be about 100 such voters who may be affected. But there was never any concern shown or voiced for the tens of thousands of voters disenfranchised by NOT holding the special elections…all of those Wisconsin residents who live in the affected districts. Those residents who don’t have representation.

Via Scott Fitzgerald’s Weird Sense of Voter Disenfranchisement! | Blogging Blue.

Rudimentary

State appellate judge Paul Reilly, (a Waukesha Republican), humiliated Scott Walker in denying Walker’s desperate motion by pointing out, “Representative government and the election of our representatives are never ‘unnecessary,’ never a ‘waste of taxpayer resources.'”

If Reilly were trying to edify Scott Walker, he would have better luck shouting at the wind.

Via MAL Contends . . .: Scott Walker Does Not Understand Democracy and Voting Rights even After Three Judges Attempt to Explain.

Clean Water Gets a Win 

In a victory for this case, [Clean Water, Inc. and Lynda A. Cochart v. Wisconsin Department of Natural Resources et al (Wisconsin Case No. 2015CV002633)], we are pleased to share the July 14, 2016 Circuit Court [Judge John W. Markson’s] decision that affirms the petitioners’ and partner organization Clean Wisconsin’s argument before the court that the Wisconsin Department of Natural Resources’ rejection of the Division of Hearings and Appeals’ Administrative Law Judge’s order to include animal unit limits and off-site groundwater monitoring of Kewaunee County CAFO was unlawful. This decision also describes how the Department of Justice’s narrow interpretation of Act 21 – that the DNR did not have explicit authority to impose these permit conditions – was incorrect and that state statutes do empower the DNR to require limits and monitoring of pollution in order for permitees to comply with state and federal clean water laws.

Read the full Circuit Court decision (PDF).

Via MAL Contends . . .: Wisc Court Hits State DoJ and Factory Farm Polluters in Win for Clean and Safe Water Advocates.

Recusal

But more importantly, in the recusal area, the Court’s concern is not limited to the potential for a “quid pro quo.” Rather, the constitutional inquiry is directed to any circumstance in which a judge’s ability to be impartial might be questioned. Substantial and impactful campaign support can create a “debt of gratitude” that creates an unconstitutionally high appearance or risk of bias. But that’s not the only source of bias. The Court made clear that the due process clause requires“a realistic appraisal of psychological tendencies and human weakness,” to determine whether there is “such a risk of actual bias or prejudgment” that recusal is required.

Via Shark and Shepherd: Judge Kloppenburg’s Recusal Distinction Doesn’t Work.

Two Words

….a fellow named Bill Cunningham, who had dinner with Scalia–who told him that ‘in the end, it all comes down to two words.’

Those two words?

“Who Decides?”

Via Scalia: “Two Words” @Dad29.

Doubt

“One of the questions on the jury sheet was, ‘Do you believe that lesbianism is morally wrong?’ And I would say a good 75 % of the people we interviewed said yes. But then the district attorneys, [prosecuting attorneys], would ask if they thought they could set aside their opinion of lesbians and judge the case just on the evidence, and they would say yes,” said Penny Brummer. “(Ingrid Ricks, The Advocate (1995)].

Via Notable Quotes from a Malicious Prosecution @ MAL Contends…

Nothing for Naruto 

Macaca_nigra_self-portrait_largeOf course, a monkey wouldn’t know he had legal rights even if he did. Some human beings would need to purport to represent the monkey, and that’s what was going on here. People for the Ethical Treatment of Animals sought to capture the income stream from Naruto the monkey’s beloved photography and offered to spend the money for the benefit of him and the various other crested macaques on the island of Sulawesi.

Via Althouse: The selfie monkey cannot own the copyright to the photo he took.

Public Records Requests Are A Right, Not a Gift 

So a local paper complains that a local school superintendent won’t comply with a public records request, won’t put the paper on a media contact list, and simply ‘must’ improve communications. 

A few points –

1. Compliance with a public records request isn’t a ‘communications’ issue; it’s a legal issue, of rights of residents under Wisconsin law….

Via 4 Points About Public Records Requests @ FREE WHITEWATER.

In court, over voter ID…

The ACLU had wanted technical college IDs, out-of-state driver licenses and veterans photo IDs to be ruled as acceptable forms of ID for voting purposes. Judge Adelman refused this request on various grounds – stating that the out of state plaintiffs all had passports, there’s been no firm ruling on whether tech school ID’s are acceptable, and that the plaintiffs with military ID’s had all obtained other forms of identification. In essence, he ruled that the particular plaintiffs in the suit did not have standing because they had other means of voting – this does not help the people who either have not figured out how to obtain ID or who cannot manage it for one reason or another.

Via ACLU loses court fight over voter ID’s @ Uppity Wisconsin.

Some Gov’t IDs More Equal Than Others

A link to a list of acceptable photo ID cards is given here. However, not all government-issued photo ID cards will be honored. Not all photo ID’s are equal. This month, the ACLU brought suit against Wisconsin for disallowing several classes of government-issued ID for voting. For example, while student ID’s from some 4-year colleges will be allowed, ID’s from 2-year technical schools will not. So poorer students, ones unable to afford a 4-year school, will be left out. And out-of-state driver’s licenses are not allowed, even if you just moved here.

Perhaps worst of all, veteran’s photo ID cards, issued by the US Department of Veterans Affairs are not acceptable ID. That is, the photo ID’s issued by the federal government to our veterans are not valid. If we must have photo ID imposed on us, we certainly hope that the current capricious rules are changed to include these other perfectly legitimate forms of government-issued ID.

Via When Is a Government-Issued Photo ID Not a Government-Issued Photo ID? @ Just Sayin’ Blog.

Partisan Majority?

“Having read the relevant part of this Republican-backed legislative proposal that, if enacted, would create two new partisan commissions to replace the non-partisan Wisconsin Government Accountability Board (GAB), I can state definitively, that, based on my interpretation of the language of the proposed statute, that Republicans would be effectively guaranteed a 4-2 majority on each of…

Jeb! Deprecates Voting Rights Act

Jeb Bush said unlike in the 1960s, the Voting Rights Act (VRA) “regulations” are not needed anymore (Rappeport and Flegenheimer, NYT).

Regulations on what? Bush didn’t say, but strongly implied racism is a relic of the 1960s, no longer significant today, no matter Congress and President George W. Bush’s reauthorization of critical language of the VRA in 2006.

Via Voting Rights Act “Regulations” Not Needed, Says Jeb Bush @ MAL Contends…

They’ll Make it Good Legal

The far-right Wisconsin Supreme Court already handed Governor Scott Walker a “get out of jail free card” when it called a halt to the John Doe criminal probe into campaign finance violations by Walker and his team of advisors during the 2011-2012 recall elections.

Now, the Wisconsin legislature is going the extra mile with three separate bills to retroactively decriminalize the behavior at the heart of the investigation and to defang the nonpartisan elections agency that aided it….

Via WI GOP Begins Retroactive Decriminalization of Scott Walker Fundraising @ PR Watch.

Just not right

Email sent to everyone:

“If you let my lunch bag go now that’ll be the end of it. I will not look for you, I will not pursue you, but if you don’t, I will look for you, I will find you and I will kill yell at you. To the low life who literally stole my lunch and dinner, please have the decency to at least return my WLC lunch bag to the kitchen. I just want Ruthey to get home safely.”

Via Somebody at Cornell Law School stole a law student’s Ruth Bader Ginsburg lunch bag @ Althouse.