Aug 23, 2016

Judges Reject Republican Move to Keep Wisconsin Obstruction Laws

A federal appellate panel has rejected a Republican, (Wisconsin DoJ), challenge to the judicial order stopping the enforcement of seven Republican-enacted voter obstruction laws in Wisconsin.

This means numerous Republican voter obstruction schemes will not be in effect for the period leading up to and including Election Day. The ruling is a defeat for anti-voting rights Republicans. Voter ID remains in effect.

The case is One Wisconsin Institute v. Thomsen, (U.S. District Court of the Western District of Wisconsin (Case 15-cv-324) (Moritzlaw).

Election law expert, Rick Hasen reports:

The 7th Circuit has just denied a request for a stay in the second voting case involving WI rollback of early voting etc.

This ruling is from the same panel that granted the stay in the affidavit voter id case (Judges Frank Easterbrook, Diane Sykes, Michael Kanne). If Wisconsin could not convince these judges to order a stay in this case, there is no hope of going to the 7th Circuit en banc. The only hope would be an emergency stay request at the Supreme Court. Given the closeness to the election, the state would have to move very soon for the Court to even consider such a stay. Even then, getting over the 4-4 ideological split seems iffy.  If you can’t get Easterbrook, you likely can’t get Kennedy.

The fact that the court denied the stay without issuing an opinion could be a sign that the court recognizes the urgency of the time.  An opinion can come later when there is an appeal on the merits. It could be a sign that the issues raised by Wisconsin [Republicans and only Republicans] are frivolous.

Hasen notes the Milwaukee Journal-Sentinel reports Wisconsin "'[A]ttorney general [Brad Schimel] is reviewing Monday’s decision, said Johnny Koremenos, a spokesman for Schimel.' That shouldn’t take too long as it is one sentence long, (Election Law)."

Writes Mark Joseph Stern in Slate: "As election law expert Rick Hasen notes, the same panel’s willingness to let Peterson’s ruling stand is rather revealing. Even for these conservative-leaning judges, it seems, Wisconsin’s race-based early voting cuts go beyond the pale. And thanks to their willingness to peer beyond the Legislature’s laughably pretextual justifications for disenfranchisement, thousands more Wisconsin voters will be able to cast their ballots this November."

Pretextual implies deceit. Lot of that going around from Wisconsin Republicans.

No comments:

Post a Comment