Wisconsin’s pandemic election puts focus on state’s court

Lawyer Blog Post 2020/04/09 11:51   Bookmark and Share
Anyone needing proof of the power and significance of the Wisconsin Supreme Court can look no further than the lines of mask-wearing voters that stretched for hours in Milwaukee during an election held despite a stay-at-home order because of the coronavirus pandemic.

An election-eve decision by the court overturning the governor’s order to postpone the vote made the state an outlier in pushing ahead with voting, ignoring pleadings from health experts and local officials about the danger of spreading the virus.

The fact that Wisconsin went forward when other states delayed their elections, and that many voters were willing to endure long waits to cast ballots, reflects the hotly disputed role the court has taken in a state with outsize importance in national politics.

Republicans and Democrats both see Wisconsin as crucial to winning national elections and gaining control of Congress. Historically, elections in the state are decided by close margins and power has flipped between the parties.

Since conservatives have held a majority on the state Supreme Court, the Republican-dominated Legislature has been able to enact laws that enhanced the GOP’s position, including voter ID laws and limits on labor unions, despite legal challenges from Democrats. The court would play a pivotal role in reviewing the drawing of new district lines for legislative and congressional offices following the 2020 census, which has a major impact on the balance of political power.

On the ballot Tuesday for a 10-year term was one of the justices in the court’s 5-2 conservative majority, Dan Kelly.

Democrats charged that holding the election when many voters might stay home would unduly benefit Republicans, who generally fare better in low-turnout ballots. Wisconsin’s Supreme Court elections are nonpartisan in name only.

No turnout information was available from Tuesday’s vote. The results can’t be posted until April 13, allowing time for counting absentee ballots.
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Poland chamber penalizing judges must be suspended

Legal Insight 2020/04/07 11:53   Bookmark and Share
Europe’s top court on Wednesday ordered Poland's government to immediately suspend a body it set up to discipline judges, saying the chamber did not guarantee independence or impartiality of its verdicts.

The Disciplinary Chamber of Poland’s Supreme Court, which was appointed by the right-wing government in 2017, is widely seen as a tool for the government to control judges who are critical of its policies.

The European Union, which has said the chamber violates basic values of judicial independence and Poland's rule of law, took Poland's government to the European Court of Justice in October.

While the case is still being considered, the European court ordered the Disciplinary Chamber suspended, saying its activity could “cause serious and irreparable harm with regard to the functioning of the EU legal order.”

Poland's government argues it has full right to shape its judiciary, saying it needs to be made more efficient and freed of its communist-era legacy.

Deputy Justice Minister Anna Dalkowska said the government will “weigh various options" after the European court's order.
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Wisconsin moves forward with election despite virus concerns

Legal Business 2020/04/02 11:56   Bookmark and Share
Voters in Wisconsin will face a choice Tuesday of participating in a presidential primary election or heeding warnings from public health officials to stay away from large crowds during the coronavirus pandemic.

Hours after Democratic Gov. Tony Evers issued an order postponing the election for two months, the conservative-controlled Wisconsin Supreme Court on Monday sided with Republicans who said he didn’t have the authority to reschedule the race on his own. Conservative justices on the U.S. Supreme Court quickly followed with a ruling blocking Democratic efforts to extend absentee voting.

The decisions leave Wisconsin as the only state with an election scheduled in April that is proceeding as planned. As other states prepare to vote in May or June, Wisconsin will be closely watched for signs that fears of the coronavirus may depress turnout or cause other problems at the polls.

Evers said he had no other options after the state court ruled against him. “There’s not a Plan B. There’s not a Plan C,” Evers said earlier Monday.

Joe Biden already has a commanding delegate lead over Bernie Sanders and the Wisconsin results aren’t likely to slow his march to the Democratic presidential nomination. But the tumult in one of the most critical general election battlegrounds was a reminder of how the coronavirus has upended politics during an election year. Beyond the shifts in the primary calendar, Biden and President Donald Trump have not been able to hold in-person campaign events and have moved most of their operations online. Sanders called Tuesday’s election “dangerous” and said his campaign will not engage in any traditional get-out-the-vote efforts.

The tension in Wisconsin over whether and how to proceed with the election has been building for weeks. Evers and Republicans initially agreed it was imperative for the election to proceed because thousands of local offices are on the ballot Tuesday for terms that begin in two weeks. There is also a state Supreme Court election.
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Court denies Seattle’s bid for wealthy household income tax

Legal Business 2020/04/01 11:57   Bookmark and Share
Washington’s Supreme Court has denied Seattle’s bid to reinstate an income tax on wealthy households.

In a majority decision, the Supreme Court on Thursday declined to review the city’s request to overturn rulings against the tax by a King County Superior Court judge and the state Court of Appeals, The Seattle Times reported.

Without issuing an opinion, Supreme Court dismissed Seattle’s petition for review and a petition written by the Economic Opportunity Institute, a Seattle-based progressive think tank.

A Supreme Court spokeswoman declined to report the tally and how each justice voted.

The ruling means Washington and its cities will remain barred from enacting graduated income taxes, with different rates based on wealth. But some advocates may still see a way to move forward, because the Supreme Court let stand a decision by the Court of Appeals last year to void a state law that banned taxes on net income.

“Seattle has the authority to adopt an income tax, and I believe we can craft a proposal that can help make our tax system less regressive,” Mayor Jenny Durkan said in a statement Friday.

“We are once again confronted with the reality that in times of crisis, those same residents that earn or have the least are the first to feel economic stings of job loss and instability,” Durkan added. “As we emerge from this emergency all of us need to rebuild a city that is more just and equitable.”
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Supreme Court: Justices healthy and trying to stay that way

Court Watch 2020/03/21 17:44   Bookmark and Share
The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.

To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.

The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.

Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.

Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year.
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Fight over jaguar habitat in Southwest heads back to court

Court Watch 2020/03/19 17:45   Bookmark and Share
A federal appeals court is ordering a U.S. district judge in New Mexico to reconsider a case involving a fight over critical habitat for the endangered jaguar in the American Southwest.

Groups representing ranchers had sued, arguing that a 2014 decision by the U.S. Fish and Wildlife Service to set aside thousands of acres for the cats was arbitrary and violated the statute that guides wildlife managers in determining whether certain areas are essential for the conservation of a species.

With the order released this week, the 10th Circuit Court of Appeals overturned an earlier ruling that had sided with the Fish and Wildlife Service.

Jaguars are currently found in 19 countries. Several individual male jaguars have been spotted in Arizona and New Mexico over the last two decades but there's no evidence of breeding pairs establishing territories beyond northern Mexico.

Shrinking habitats, insufficient prey, poaching and retaliatory killings over livestock deaths are some of the things that have contributed to the jaguar’s decline in the Southwest over the past 150 years.

Under a recovery plan finalized last year, Mexico as well as countries in Central and South America would be primarily responsible for monitoring jaguar movements within their territory. Environmentalists have criticized the plan, saying the U.S. government is overlooking opportunities for recovery north of the international border.

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