In oral arguments today, Judge Diane Wood and Frank Easterbrook both dismissed major elements of two cases cited of the Wisconsin Club for Growth's Eric O'Keefe's attorney and the rationales behind a federal judge's involvement in the Wisconsin John Doe-law enforcement probe of Scott Walker and coordination among Walker, the Walker campaign and third party groups.
Legal scholar Rick Hasen writes a reversal of Judge Rudolph Randa's May 6 ruling halting the probe is likely.
The Randa May 6 ruling can be found here.
Judge Wood challenged the attorney for the rightwing group for whom Randa ruled, "Should a federal court step in and enjoin a state," (57-minute, 50-second of mark of Eric O'Keefe v. John Chisholm (14-1822)) a sentiment and stated skepticism immediately echoed by Judge Easterbrook.
Then, minutes later Easterbrook asked: "Let me tell you what the problem is. If what your client has done is simply not illegal under Wisconsin law at all, why should a federal court issue a [federal] constitutionally based injunction?"