Wisconsin | Le·gal In·sur·rec·tion - Part 14
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Posted by Kemberlee Kaye on January 08, 2016 4 Comments
Thursday night, news broke that federal authorities arrested two Iraqi immigrants. One in Sacramento, California, the other in Houston, Texas. Both individuals were arrested for allegedly lying to immigration officials about their connections with terrorist organizations. Early reports Thursday night provided conflicting information and left many questions unanswered. According to Houston local news, the Sacramento and Houston arrests were related. But CNN reported the arrests, "did not appear to to be directly related, but the cases had several similarities."

Posted by Mike LaChance on June 26, 2015 17 Comments
After the Charleston shootings, there was a renewed push by President Obama for restricting access for law-abiding citizens to guns. Scott Walker wasn't having any of it. He signed into law a loosening of waiting periods that have been on the books for decades. From FOX News:
Wisconsin Gov. Walker ends decades-old waiting period for handguns Wisconsin Gov. Scott Walker signed two bills loosening his state's gun laws on Wednesday, including one ending the state's 48-hour waiting period for handgun purchases. The timing of the bill signing comes amid a renewed debate over gun control and race relations after the fatal shootings at a Charleston, S.C., black church on June 17; a white man faces multiple murder charges. But the measures on Walker's desk predated the massacre and passed earlier this month in the GOP-majority Legislature with bipartisan support. The second measure would allow off-duty, retired and out-of-state police officers to carry firearms on school grounds.
CNN covered the topic too, and to their credit, they were fair:

Posted by William A. Jacobson on March 09, 2015 27 Comments
Put another feather in his cap, Scott Walker today signed Right to Work legislation in Wisconsin, becoming the 24th State to do so. The Milwaukee Journal Sentinel reported prior to the signing:
Gov. Scott Walker will sign so-called right-to-work legislation on Monday morning at Badger Meter in Brown Deer after the Assembly passed the measure Friday morning following almost 24 hours of debate. The measure bans labor contracts that would make it mandatory for workers to pay union fees. The legislation zoomed into play this year, pushed by GOP legislators, after Walker brushed aside the issue as a distraction during his re-election campaign last year. Now as a presumed 2016 presidential hopeful, the pending change in law could add polish to Walker's record on business. Twenty-four states have right-to-work laws. Supporters say that workers shouldn't be forced to pay a group if they don't believe in it. They say the change could provide a spark to the Wisconsin economy. Opponents say businesses and unions should be left alone to negotiate labor contracts. They say the law change isn't about worker rights but more about driving down wages and exerting more control over the workplace.
Here are some images from the signing:

Posted by Kemberlee Kaye on November 03, 2014 11 Comments
Embattled Wisconsin Governor Scott Walker is steadily outpacing Democratic challenger Mary Burke in all of the latest polls---so of course that means a swastika ad is the only logical option left for Team Burke. The ad released by the Burke campaign is inside baseball-ish in that if you haven't been following the intricacies of the race, it's hard to understand why anything disclosed is significant. Picked up by and reported by the Washington Post, the ad shows Scott Walker with "donor and campaign worker, Gary Ellerman." The ad then drops its one and only bomb: "Ellerman posts pictures like this on his Facebook page." Scott Walker Nazi Mary Burke Swastika Ad Evidently, Ellerman was fired from Trek (the consumer is supposed to know what Trek is and why it's important). Mary Burke was also employed by Trek. Ellerman went on to share his account of Burke's time with the company, an account Burke disputes. Avner Zarmi of PJ Media provides the background:

Posted by William A. Jacobson on November 02, 2014 33 Comments
Some people. The first image is an  Anti-Scott Walker protester who, along with a friend, locked her head to State Capitol railing in June 2011 in a budget protest, via JSOnline.  The police broke the lock and released her.  At the time we noted there was a simpler solution:
Turn out the lights, lock the doors, and go home. And leave them there.
Wisconsin State Capitol head lock The second image is from the anti-Israel "Block the Boat" protest in Tampa this weekend, via Twitter account Global Revolution TV.  Presumably, she too was unlocked by police: Tampa Block the Boat Head Locked Here's the view from another angle, via Twitter user RadicalMedia_:

Posted by William A. Jacobson on September 12, 2014 12 Comments
In a ruling just handed down (h/t RightWisconsin), a panel of the 7th Circuit has vacated a prior injunction staying enforcement of the law, and holding that it will be in effect for this November's election. The full Order is embedded at the bottom of the post. The case was argued before the Court of Appeals earlier today. The critical finding was that recent changes enacted in Wisconsin to make it easier to get an ID obviated the likelihood of irreparable harm, a necessary test for an injunction:
The district court held the state law invalid, and enjoined its implementation, even though it is materially identical to Indiana's photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board, 553 U.S. 181 (2008). It did this based on findings that it thought showed that Wisconsin did not need this law to promote an important governmental interest, and that persons of lower income (disproportionately minorities) are less likely to have driver's licenses, other acceptable photo ID, or the birth certificates needed to obtain them, which led the court to hold that the statute violates §2 of the Voting Rights Act, 42 U.S.C. §1973. After the district court's decision, the Supreme Court of Wisconsin revised the procedures to make it easier for persons who have difficulty affording any fees to obtain the birth certificates or other documentation needed under the law, or to have the need for documentation waived. Milwaukee Branch of NAACP v. Walker, 2014 WI 98 Guly 31, 2014). This reduces the likelihood of irreparable injury, and it also changes the balance of equities and thus the propriety of federal injunctive relief. The panel has concluded that the state's probability of success on the merits of this appeal is sufficiently great that the state should be allowed to implement its law, pending further order of this court.

Posted by Amy Miller on August 01, 2014 20 Comments
Yesterday, the Wisconsin Supreme Court upheld the state's voter ID laws in two separate opinions that could drastically affect the rules governing the polling place come November. Although a federal court previously ruled Wisconsin's laws to be unconstitutional, Wisconsin Attorney General J.B. Van Hollen told the press that yesterday's separate rulings by the Wisconsin Court could convince the federal court to put its ruling on hold and allow the laws to remain in place for the fall elections. Writing for the majority, Justice Crooks stated that the challengers to the law did not meet their burden of proof when arguing that the law violated the constitutional rights of Wisconsin voters:
We conclude that the legislature did not exceed its authority under Article III of the Wisconsin Constitution when it required electors to present Act 23-acceptable photo identification. Since 1859, we have held that "it is clearly within [the legislature's] province to require any person offering to vote[] to furnish such proof as it deems requisite that he is a qualified elector." Cothren v. Lean, 9 Wis. 254 (*279), 258 (*283-84) (1859). Requiring a potential voter to identify himself or herself as a qualified elector through the use of Act 23-acceptable photo identification does not impose an elector qualification in addition to those set out in Article III, Section 1 of the Wisconsin Constitution.

Posted by William A. Jacobson on June 24, 2014 23 Comments
The completely hyperventilated headline at the progressive "Crooks and Liars" website is Scott Walker Fan Indicted For Massive Voter Fraud. What apparently happened is that someone who allegedly is a Walker supporter voted multiple times in multiple elections and encouraged others to do so. The total fraudulent vote count is in the single digits, maybe as high as 10-12 votes spread among different jurisdictions. The Milwaukee Journal-Sentinel has more details:
A Shorewood man has been charged with more than a dozen counts of illegal voting, accused of casting multiple ballots in four elections in 2011 and 2012, including five in the 2012 gubernatorial recall. Robert D. Monroe, 50, used addresses in Shorewood, Milwaukee and Indiana, according to the complaint, and cast some votes in the names of his son and his girlfriend's son.
Does this matter? Yes, of course. We have seen razor-tight elections. A few votes here or there could make a difference.

Posted by William A. Jacobson on June 19, 2014 21 Comments
The big breaking news in the "John Doe" anti-Conservative Wisconsin investigation is that the 7th Circuit Court of Appeals released previously sealed court exhibits detailing accusations made at the time the Wisconsin prosecutors commenced the proceeding. So you get screaming headlines such as these: Headlines Scott Walker Accused of criminal scheme What is not being reported, is that multiple judges have found that the alleged criminal conduct was not in fact criminal even if the factual allegations were true. Here is part of Federal Judge Renda's opinion, which remains in effect halting the John Doe investigation, in a case brought by two of the targets:
The standard to apply in these cases was recently made clear by the Supreme Court in McCutcheon. Any campaign finance regulation, and any criminal prosecution resulting from the violation thereof, must target activity that results in or has the potential to result in quid pro quo corruption…. It is undisputed that O‘Keefe and the Club engage in issue advocacy, not express advocacy or its functional equivalent. Since § 11.01(16)‘s definition of political purposes must be confined to express advocacy, the plaintiffs cannot be and are not subject to Wisconsin‘s campaign finance laws by virtue of their expenditures on issue advocacy….

Posted by William A. Jacobson on May 01, 2014 7 Comments
The Daily Beast is promoting Mary Burke as the Woman Who Could Beat Scott Walker:
Republicans call her “Millionaire Mary,” but Mary Burke has plenty of assets aside from her wealth to make her a strong contender to derail the reelection of Wisconsin Gov. Scott Walker, along with his dreams of the presidency. Polls show the former Trek Bicycle executive either tied with Walker or trailing by just a few percentage points, while the Republican governor, who weathered a recall election in 2012, looks headed for a closer race than anyone expected.... “The things he has done with women’s choice issues puts Wisconsin right there with Mississippi,” she said over an iced tea Tuesday afternoon. Burke, who was in Washington for an Emily’s List dinner that night, has the pro-choice group’s endorsement, and it is making a big push to elect more Democratic women as governors.... At 55, Burke is a political novice, and in a polarized electorate, that might be a winning formula.
The polling is, indeed, competitive, but Walker has faced such challenges before and prevailed. It's Wisconsin, so of course it will be relatively close, but close is not good enough and Burke knows it.
So Burke has resorted to War on Women rhetoric that even Politifact Wisconsin rated False: Politifact Wisconsin Mary Burke Scott Walker Equal Pay Walker just signed a $504 million dollar tax cut:
Wisconsin Governor Scott Walker, a Republican, on Monday signed into law a measure that uses the state's projected surplus to give a tax break of more than $500 million to workers and property owners. The law puts into place $504 million in tax cuts, consisting of $406 million in property tax relief and a $98 million state income tax break for those in the lowest tax bracket. A typical state homeowner will see a $100 reduction in property taxes and a worker who makes $40,000 will save about $58 annually, according to the governor's office.
The collective bargaining changes are paying off to the extent that Burke is not making it a major issue.

Posted by William A. Jacobson on January 15, 2014 13 Comments
We previously wrote in detail about the “John Doe” investigation in Wisconsin targeting a wide range of conservative groups and Scott Walker supporters relating to the failed Democratic attempt to recall Walker.  See Secret probe of conservatives makes Wisconsin ground zero in First Amendment war for the details. We also noted the Big defeat for anti-conservative Wisconsin “John Doe” probe, when a judge recently quashed subpoenas. In a new development, Eric O'Keefe, one of the targets of the investigation, is demanding that the prosecutors end the probe or face a federal lawsuit (full media release embedded at bottom of post):
Eric O’Keefe, who has been identified in media reports as a target of a secret “John Doe” investigation in Wisconsin, today demanded that state prosecutors end their action against him or face a federal civil rights action. O’Keefe is director of the Wisconsin Club for Growth, which was also targeted for alleged unlawful “coordination” with Governor Scott Walker’s campaign for fiscal reforms. “This investigation is political payback by elected prosecutors against conservative activists for their political successes in Wisconsin,” stated O’Keefe. “They are violating the constitutional rights of private citizens and must be held accountable.”

Posted by William A. Jacobson on March 04, 2013 11 Comments

Really, as much as I didn't want to hear his name, Graeme Zielinksi was the perfect spokesman for the Wisconsin Democratic Party. A true reflection of the anti-Scott Walker politics practiced in Wisconsin: After a couple of tweets on March 1 comparing Walker to Jeffrey Dahmer, Zielinski...