This article was originally published at ProPublica, a Pulitzer Prize-winning investigative newsroom.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1469481
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1469481
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So, help me out here, legal eagles. If the Trumplicans in Wisconsin impeach Protasiewicz but then don’t act upon it, can she then resign and be replaced by the Governor Evers? Or are his hands tied at that point?
If it’s the latter, I think we already know where the “independent advisors” to Vos are gonna land.
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Not a WI legal eagle but have heard others say that yes, that can happen but depending on the timing, there could be another (expensive) special election next April.
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Considering that the people of Wisconsin voted by a significant margin for the new judge - the republicans should be playing with fire. However, the modern GOP is an organization whose constituency is the donor class, not the people of their districts, intend to rule and democracy stands in its way. Therefore, they need to get rid of everything that would call them to account, because of their information siloed supporters and acolytes neither care for the founding principles of our country or their state and federal constitution. So there may be no consequence for their bad acts - ie: See Tennessee and Ohio.
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Put more bluntly, the modern GQP is a corrupt, criminal organization that has set out to destroy American democracy and create a white supremacist Dictatorship in its place. Be very, very wary. They must be accorded no favors.
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My understanding is that the election was definitely influenced by younger voters. If the GQP in Wisconsin wants another drubbing, they should go ahead and try another election. They’re going to get pounded again. The UW campuses across the State will see to that. 2022 wasn’t a fluke.
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As I read the article and being somewhat familiar with Wisconsin law it appears Democrats are holding all the cards assuming they know how to play chess.
Timing matters: Under state law, if Protasiewicz is removed or resigns after Dec. 1, Evers could appoint a replacement who would serve until 2031.
So let me get this right, if Protasiewicz resigns after Dec. 1, 2023, Evers could just reappoint her as a replacement for her and she would serve until 2031.
In case anyone can not figure out why this suggestion is being made,
If there is a vacancy on the court on or before Dec. 1, Evers would then choose a replacement to serve until the next election in April 2024, coinciding with the GOP primary for president. Evers likely would appoint another liberal-leaning judge.
But there is another scenario posited by political observers. The Senate could simply not take up a vote, leaving Protasiewicz impeached and in limbo. Under the state constitution, she’d be sidelined, unable to carry out her duties until acquitted.
So for the chess players out there, as I understand the article, if they impeach and convict Protasiewicz, Democratic Governor Evers can appoint a replacement who will rule as she would.
If however Republicans impeach her and do not convict her Evers will not be able to appoint a replacement and she cannot be part of the decision.
However, if she resigns, especially if it is after December 1st, 2023, Evers can replace her and I see no reason if she is not convicted he cannot replace her with her.
Assuming Democrats are not afraid to use their power, they win no matter what Republicans do. Therefore all Republicans can do is make themselves look bad and for that they need no help.
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All good comments!
So, if she resigns before Jan 1…Evers’ named replacement would only serve until next spring’s primary and face an R backed opponent. Very likely, one that would be a less-execrable humanoid than the last one they ran.
If she resigns after Jan 1, the article said Evers’ appointee would serve until 2031.
Which is interesting, but how horribly unfair, and anti-democratic. This is what the Rs do when in control. It isn’t delivering or responding to their constituents…they are studying ways to demolish and deconstruct and loot our state.
They will find a way to stymie her, fight her resignation, fight Ever’s appointment, fight his later appointment, and dream up a different reason to impeach the replacement on Day 1. They will find a way to fight new maps, adulterate and poison the process, or hamstring any implementation of fair maps. They can re-write the laws that allow Ever’s to make the appointments. Rs may be evil morons, but they have nothing but time and money and lawyers…and their cushy government job hours are spent focusing that money/legal power on hurting the vast majority and hurting the govt.
I am not hopeless, but the more these turds stop-at-nothing…the more they will stop-at-nothing. The whole thing is so extreme, they can’t afford any part of it to break. But if it comes to pass that all they did was turn out an even bigger, more furious wave against them this spring/next fall…it will be well deserved.
WI Atty Gen Josh Kaul is derelict in his duties. One very big component was hauling these traitors and oath-breakers and criminals into the light with a public investigation and charges of the election frauds/crimes/fake electors in this state. They barely won some of their most gerrymandered districts in '22…the whole R party doing perpwalks would have helped mightily and still could. Likely could have got Mandela Barnes the 1-2% he needed.
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Okay, I know this is a serious topic, but I’m still pondering that mix of gaming metaphors there.
“I see your knight to e4 and raise you a rook to a3.”
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I live in WI, and I listen to a few hours of WI Liberal radio each week (civicmedia.us) and interviews with WI Dem Party boss and nobody has countenanced the obvious idea of re-appointing Judge Janet to replace herself. I think it may be impossible and these folks know it, and therefore don’t even bring it up as an option.
But, you could be right! Maybe it is feasible.
The other response I have to your points is…delay.
The TPM article says the maps have withstood legal challenge…that isn’t really true. The Republican Supreme Court ruled they weren’t legal. But somehow the R lege managed some sort of appeal and to everyone’s surprise at the time…SCOTUS took it up and over-ruled WI SUP. Just in time for the coming election.
So, even if they can’t stop it forever…they managed to get past the last election and it looks like maybe the next. They are playing for keeps and since they are bent on destruction…they have the odds. My main mantra: Only a handful of people…even only one person…can undo at a stroke what thousands of people spent decades building.
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They’re not governing anymore - they are just ruling.
I pray to dog that Wisconsin is not the model for the rest of the purplish states. The gerrymander they enacted more than a decade ago has almost destroyed a proud and previously democratic state. I have to quit believing the GOP there have any shame or give a damn about anything except keeping power. Their open unethical power grabs should be running smack into the one person, one vote principle, but instead their citizens are expected to vote their way out of this criminally rigged system. The Republicans must have all shat their pants in unison when this one lone justice was actually elected. What a shock that must have been to their scheming little minds.
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The US Supreme Court overruled the State Supreme Court in regard to the US congress gerrymandering. From other US Supreme Court decisions made by this court, it cannot rule in regard to State districts. That is the US Supreme Court has sidelined the Federal Judiciary from ruling on how state legislative districts are drawn.
Therefore to undo the gerrymandering it must happen in two steps. The first, which the Supreme Court by its own decisions has no jurisdiction over is the state legislative districts. That is left totally to the states and their constitutions which gives the State Courts power over. Then, the second, is that according to this Supreme Court, the State courts have no jurisdiction over Federal or Congressional districts and that is left totally to the legislature. Therefore once the Wisconsin State Legislature gerrymandering is undone which Federal Courts can do nothing about, then the legislature is free to undo the Federal Congressional seats.
In regard to reappointing the Justice whose name I hate spelling, it depends on if she is convicted or not. If she is impeached (indicted) but not convicted, she can be reappointed just like Trump who was not convicted and therefore can run again. (The issue of his being barred from running again because he tried to overthrow the Government is another issue.)
What all this means is that if the Justice is indicted and not convicted, which would stop her from deciding on the issue and also prevent Evers from appointing a replacement, resigns to stop Republican stalling, I believe Evers could reappoint her as she was not convicted. This would force Republicans to start the process all over again. However, what would more likely happen is the Justice would likely resign, Evers would appoint someone else, and the result would be the same.
The point is Republicans only hope is to indict the Justice and for the Senate not to take up the matter and hope Democrats just do make the move of her resigning and just Evers quickly replacing her with her or someone who will do what Democrats want.
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@dangoodbar The main issue I see with these kinds of statutory duel shenanigans would be they could just go back and impeach her again if she’s still involved in the maps case. That’s the “excuse” they are using and it would only go away if her having the position via appointment rather than popular vote somehow invalidated the impeachment arguments. And since the arguments (such as they are) come to “she said mean things about the maps during her campaign” I don’t see how that would materially change if she were appointed to the position.
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Republicans do not have veto proof majorities in both parts of the state legislature. Therefore Republicans must rely on laws already on the books. To my knowledge the laws are not on the books that allow them to do as you say.
Therefore all they can do his make noise.
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“When people show you who they are, believe them the first time." – Maya Angelou
"When fascists show you who they are, believe them the first time and every time." – Me
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Impeaching takes time. If she resigns and is reappointed the legislature would likely have to start the whole process over.
But to the extent any of this is at issue, once she resigns Evers can always appoint someone else who will merely rule as she would.
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I agree that’s probably a workable compromise, but it would definitely suck to accede to the GOP nonsense and remove the popularly elected Judge in favor of a political appointment (even if they are of similar disposition).
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Vos and his GOP cohorts are a great example of vile, power-hungry fascists. I hope they can be beaten.
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So, getting rid of democracy is a joke? WTF?