Discussion: Scott Walker's Dem Successor Urges Judge To Block GOP Power Grab Law

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the fascistgop’s power grabs after losing elections have been happening in several states. every one of them needs to be challenged and tossed out. I’m glad to see Wisconsin going after the goopers for their blatant assault on democracy. Now the courts have to do what’s proper, as opposed to what’s reich.

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My cynicism says Evers will lose. In my opinion, he should have announced immediately that he considered the lame duck’s vengeance laws were null and void, and that his administration would simply ignore them. Then the WI GOP would be the ones having to file the lawsuits for each gubernatorial act, take Evers to court, while he could govern with the same powers as Scott Walker held, until and if the courts stopped him: one action at a time.

But he’s hogtied himself and Wisconsin and the will of the voters by his priggish rule following, which nobody will ever give him credit for, nor appreciate. The old mantra “Democrats won’t fight”, all over again.

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The Reactionary Party minions know these power grabs won’t withstand the merest constitutional scrutiny, and they know they are likely to lose their majorities in the next statewide election, but despite all that they do know what they’re doing: it will take months at minimum and possibly years to undo their dirty work, time which they will use to advance reactionary legislation against a crippled executive. It will then take years to undo the unpopular legislation.

This is the new general strategy of the R party overall, because they know their so-called “movement” (“conservative movement” being oxymoronic) instigated by Newt Gingrich is in its death throes due to their permanently shrinking political base. It’s stalling for time to do whatever damage they can rather than assessing their real long-term prospects and formulating a new political strategy and governing philosophy to remain relevant in a changing country and world. It’s also why today’s Reactionary Party is a hollow and dying institution, their only strengths are in raising money, propagandising the public, and manipulating the census and the districting process ensuring key elections are legitimately close enough that small manipulations of vote counts can swing key races. That’s it, that’s all they got, no governing philosophy, but a playbook that merely forestalls their inevitable political demise.

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Well I appreciate the idea that the new Governor should ignore the laws passed by the old Governor in this situation, I think it is the wrong both morally and legally. To the moral, what goes around comes around, which needs no more explanation.

To the legal, to merely ignore the law and act like it does not exist is a good way to lose even if the law is later found to be unconstitutional or otherwise void. What I suspect is going to happen is that the Court will grant a temporary injunction keeping the law from going into effect thereby allowing the new Attorney General to pull out of the Obamacare lawsuit and do whatever else needs to be done to Govern.

That is well in many cases I would agree that Evers could or should simply ignore the law and let the other side sue him, in this situation you do not want that to be a precedent, the politics is clearly in Evers favor by fighting this power grab and keeping it in the news, and above all Evers is likely to win.

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Misha Tseytlin, an attorney representing Assembly Speaker Robin Vos, said the Republicans’ position would become clear in forthcoming briefs.

Forthcoming briefs will soon indicate: “The Republicans’ position is that we don’t give a fuck about democracy, rule of law, or the majority of the citizens in the state of Wisconsin.”

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So it sounds as if they’ve essentially made the office of the attorney general a part of the legislature rather than the executive, no?

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The practice of law is to a great extent is results based. That is as an attorney your job is to provide the best legal argument for the result your client desires.

That said, the biggest problem for the Republicans is the facts are clearly against them. The real challenge to any attorney representing the Republicans is, can you win a case when your position fails the smell test. That is the facts are such that there is no doubt this was a politically motivated action designed to reverse the will of the voters of Wisconsin.

Given how bad the facts are and any impartial judge would need to hold his nose, it is difficult to see how any legal argument will cause an impartial trier of fact and law to rule against democracy.

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I’m not in Wisconsin, but your “old mantra” is Bullshit.

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“To the moral, what goes around comes around, which needs no more explanation.”

That’s not a moral. Doing nothing based on the expectation that karma will take care of everything is neither part of any moral code, nor terribly effective in practice.

I’d be interested to see the Governor take the line of argument to claim that this legislation is effectively a Bill of Attainder. The legislation was written after the election was over, with the clear intent of applying solely to him. The powers of the office that were clear as the election were being held are suddenly dramatically changed.

Obviously this is anti-democratic (small ‘d’) in a pretty craven way. On top of the ridiculous results of the heavily gerrymandered legislative elections, it seems that the Republicans want power that they clearly do not deserve.

Responding to this affront to democracy may require out-of-the-box thinking.

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Perhaps I should have said paybacks a bitch.

I lived half my life in Wisconsin and in 1979 was a page for the Wisconsin State Senate when Dems outnumbered Reps almost 2 to 1, had a big majority in the state house with a recently elected Republican Governor.

This is not about "Karma’ but about practicality. The point being Democrats are obviously on their way back to power in Wisconsin and elsewhere. 10 years ago it was Democrats giving up power to Republicans after an election. 10 years from now the cycle could, and at some point will repeat. In Wisconsin as far as redistricting the state constitution gives the Governor as much power as the legislature combined. While keeping their majorities including the super majority in the house, Republicans have lost the popular vote the last two election cycles. By 2022 the map for both houses of the Wisconsin legislature will be such that winning the popular vote will mean a majority in the legislature. I will not predict the 2030 election but think it is more likely than not that going into that election Dems will hold the Governorship and both houses of the legislature.

So in regard to what the courts will do in 2019 and if this naked attempt to circumvent the will of the voters is upheld, what goes around comes around.

Dear TPM headline writer:

Evers is the elected Governor of Wisconsin. He didn’t just succeed Walker; he ousted him. Give the man his due, and use his name in the headline.