Sooo much winning at long last. Not only did we sweep Democrats into every statewide office in November, but we just won again bigly!
FIRST (Those Lame Duck Power Grab “laws" are gone):
A Dane County Judge ruled that the Republican power grab enacted shortly after the election and quickly signed by then Governor Scott Walker (R) are illegal and issued an injunction to block not only those laws, but the lame duck appointments of 85 people by Scott Walker to positions within the government to prevent them from being issued by then Governor-Elect Tony Evers (D).
"The Legislature overplayed its hand by using an unlawful process to accumulate more power for itself and override the will of the people, despite the outcome of last November's election," Evers said in a statement. "I look forward to putting this disappointing chapter behind us so we can move forward together to put the needs of the people of Wisconsin first."
(Judge) Niess in his ruling sided with those groups (who brought the lawsuit) and barred anyone from enforcing the laws that were passed during a 24-hour floor period in December by Republican lawmakers over the objection of Democratic lawmakers, Evers and Kaul.
"The bottom line in this case is that the Legislature did not lawfully meet during its December 2018 'Extraordinary Session,' " therefore violating the state constitution, Niess wrote.
Information in italics and parentheses were my addition for clarity
Of course, the GOP will appeal this and whine about any unfavorable rulings they receive. Maybe we can put up a Go Fund Me for boxes of tissues with which they can dry their crocodile tears.
SECOND (The ACA lawsuit and Medicaid Expansion):
Now that those lame-duck power grab laws were gone, Governor Tony Evers immediately instructed State Attorney General Josh Kaul (D) to remove Wisconsin from the lawsuit targeting the Affordable Care Act, something Evers campaigned on. That motion has been filed with the court that is handling that lawsuit.
Evers campaigned not just on withdrawing from the lawsuit, but also on accepting the Medicaid Expansion which was curtailed by those Lame Duck Laws.
THIRD (Republicans are Mad and Squirming):
Naturally they’re mad because everything isn’t going their way. Of course, they're spewing the usual nonsense about activist judges creating chaos and usurping legislative authority. You can read the linked article if you must read their reactions, but they’re just what everyone expects.
Oh, how the mighty have fallen.
They’re also squirming and trying hard to get their own feet out of their mouths in the continuing gerrymandering lawsuit. Assembly Speaker Robin Vos (R) is refusing to testify or provide documents citing “legislative immunity”.
Yes, there is immunity for Legislators when the Assembly is in session, but it’s argued that it doesn’t apply to Vos because he has personally intervened in the defense of the gerrymander by filing motions and discovery requests. As such, he’s acted more as an attorney than a Legislator.
Yes, this is the same lawsuit that our partisan US Supreme Court kicked back to the lower courts in 2016.
The reason that they want Vos to be deposed and testify is that he is one of the only 2 people who met with Legislators about the maps as they were being secretly (and illegally) drawn outside of the Capitol on private computers that were not only wiped clean after the gerrymandered maps were completed, but, as “private” computers, were thought to be immune from seizure. They were, however, seized, but any information they contained had been completely wiped out and, in one case, the hard drive was manually destroyed.
Because no information outside of discovery and testimony is retrievable, and all records were destroyed, getting information out of those who were direct participants is vital. I’m not sure who will win this one, but I’m hopeful that the judge will demand Vos get sworn in for a deposition and forced to testify under oath.
There are 2 more cases still active regarding the Lame Duck Laws.
The one ruled on today only involved the Extraordinary Session that was called right after the election in 2018 when the GOP realized they lost all state offices. Neiss stated that the session was unconstitutional since it was called by the Legislature and not by the Governor as the constitution states.
Anyway, life is interesting these days. It’s nice to win a few after so much sorrow in Wisconsin since the Red Tide of 2010.
On a personal note:
To those who have been asking, I’ve had a few not so nice things happen lately. I’ve been diagnosed with Hashimotos Disease (an autoimmune condition where the body attacks the thyroid gland) and that’s why my thyroid has been abnormal on the PET scans. I’ve been on thyroid meds for about a week and I hope they work, If not, other, more drastic measures will be discussed.
I’ve also seen the neurologist about my balance and coordination issues. An EMG was done, only half of which was performed since it was completely abnormal. I’ve been diagnosed with profound polyneuropathy where not just my sensation is involved, but nerve control of my muscles, as well. I’m told that since it’s the result of my 2 episodes of chemotherapy, it’s unlikely to get worse. I, however, can’t see that it really can get much worse.