Wisconsin GOP Acted Illegally by Stripping Incoming Governor of Power, Judge Rules

[G_j]

Last edited Fri Mar 22, 2019, 08:14 AM - Edit history (1)

https://www.motherjones.com/politics/2019/03/wisconsin-gop-acted-illegally-by-stripping-incoming-governor-of-power-judge-rules/

The special session convened by the Republican-controlled legislature broke the law.

Republican state lawmakers in Wisconsin acted illegally in December by stripping power from the state’s newly elected Democratic governor before he could take office, a judge ruled Thursday.

A month after the November election, Wisconsin’s Republican-controlled legislature convened a lame-duck session to undercut incoming Democratic Gov. Tony Evers. They confirmed 82 executive appointees nominated by outgoing Gov. Scott Walker, many without holding a single hearing, and they blocked the new governor from making administrative changes to state laws and from following through on key campaign promises, such as withdrawing the state from a Republican-backed lawsuit challenging the constitutionality of the Affordable Care Act. They also limited early voting in the state, which had contributed to record turnout in 2018.

But Dane County Circuit Court judge Richard Niess ruled that the lame-duck session itself violated the law and invalidated the actions of the lame-duck legislature.  Walker, Niess found, did not formally call the session, nor did the legislature pass a statute authorizing it, as required by the state constitution.“The legislature did not lawfully meet,” Niess ruled in response to a lawsuit filed by the Wisconsin League of women Voters. “There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law.”

..more..

[stopbush]

1. a win for the good guys!!

[Bettie]

2. But they will take it to the State SC which

is pretty much an arm of the Republican party these days.

ETA: However, since the case was decided on procedural issues, they might not overturn it. The asshats didn't follow their own procedures.

[TeamPooka]

8. let them appeal it. It's bad politics and it will be a cudgel we can use for the next cycle

the will of the voters and all that.

[calimary]

13. Yep. This is something our side can, and SHOULD, weaponize.

[gratuitous]

5. Which means this ruling won't be the end of it

I'm not current on Wisconsin's courts: Is the Supreme Court there likely to uphold the lower court decision or overturn it?

[AllyCat]

22. Overturn. They are split 4-3 GOP

Could be 5-2 if the homophobic Hagadorn wins on April 2.

[DFW]

3. Probably nothing that will get any of them jail tme, but.....

If the entirety of their actions after the election are voided, and that is upheld, I (and Wisconsin) would be perfectly happy with that.

[Greybnk48]

4. So are the 82 executive appointees invalidated now?

Will Evers be permitted to appoint whomever he wants now, instead of Walker picks?

Does anyone here know?

[mysteryowl]

7. Yep, all 82 illegal appointments struck down!

Niess' ruling also struck down 82 appointments Walker made during the waning days of his administration, all of which were confirmed by Republican state Senators in the lame-duck session. Those appointments included Public Service Commissioner Ellen Nowak and University of Wisconsin Regent Scott Beightol, both of whom were confirmed in December to terms that end in 2023.

"The appointments are ordered temporarily vacated as a necessary consequence of this temporary injunction," Niess wrote.

What remains to be seen is whether Evers will act on any of these powers before the case is appealed, and whether a higher court will block him from taking action. The final say in this case would fall to the Wisconsin Supreme Court, where conservatives hold a 4-3 majority.

https://www.wpr.org/judge-blocks-gop-laws-passed-lame-duck-session

[ProudMNDemocrat]

6. Walker says he is not finished with Wisconsin politics.....

Scott Walker thinks he can run for Governor again or even US Senator? It will depend how this case moves forward being that he wanted the incoming Democratic Governor to have no power whatsoever.

[wryter2000]

9. Yeah, well...

Maybe the state of Wisconsin is done with him.

The one and only thing Trump did for us, IMHO, was to deflate the presidential ambitions of Chris Christie and Scott Walker.

[cstanleytech]

11. Maybe the people of Wisconsin will be lucky and he will have a stroke or be imprisoned?

[Initech]

10. GOP acted illegally??? I'm shocked, shocked I tell you!!!

[malaise]

12. Of course they did

Great news

[calimary]

14. Yep. No kidding.

[Honeycombe8]

15. Great news! The law prevails. nt

[Traildogbob]

16. Great

North Carolina democrats if ya listening, grow a pair. The same was done to Gov Cooper.

[G_j]

18. Similar

lots of law suits

[cp]

17. Hurray! JUSTICE.

This is great news.

[California_Republic]

19. Sweeeeeeeeeeeet!

[HuskyOffset]

20. Your final quote from the judge is missing a word

You may have been the victim of autocorrect, you quote the judge as saying:

There can be justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law.

but you're missing a word, which reverses the meaning. What the judge actually said (follow the link to the Mother Jones article) is:

There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law.

[G_j]

21. Correct

Thanks. Cut and paste failed to catch the no, as it was underlined. Yes that does change the meaning!

[oasis]

23. Slimeball, Snake Scott Walker Setback.

[Hotler]

24. ........Good.....

[spanone]

25. K&R...👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼

[MyOwnPeace]

26. Once again proves

how important each and every single judicial nomination and election is. McTurtle and the Senate have been shoveling in a bunch of "wacko" judges that will be making rulings that will affect us and our children for years to come.
THIS MUST STOP!

GET OUT THE VOTE!!!!!

[blue-wave]

27. As there actions were Illegal

prosecute them all. They are deliberately undermining the rule of law and the stability of our country. Their disdain for America must be kept in check.

[Nitram]

28. Excellent news!

[Jim_Pridx]

29. Indeed great news!

This makes an extremely important Neubauer/Hagedorn race even more important on April 2nd. Go Lisa!