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Charlie Sykes: Sykes Writes


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 What's the real agenda of the Kloppenburg recount. Club for Growth has some ideas: 

Fed up with a smarmy campaign that won’t go away, many people with conservative inclinations may misperceive current efforts to put JoAnne Kloppenburg on the state Supreme Court.

1. Misperception: The recount proves they’re stupid. The Kloppenburg campaign might be called stupid if they expect victory in an honest
recount. We don't believe that’s what they expect at all. Their hope to invent reasons to disqualify thousands of votes certified by the official canvass; to invent reasons why Kloppenburg should be awarded thousands of phantom votes no one’s heard of yet; and to get in front of a judge willing willing to buy their arguments. Since a Dane County judge will likely decide, expecting this to work may not be stupid at all.

2. Misperception: The recount is a waste of time. Not if the purpose of the recount is to buy time. The meaningful action won’t be the counting. It will be court proceedings disputing the validity of individual groups of ballots as Kloppenburg’s allies run the clock past the Supreme Court’s summer recess. Assuming the Court eventually reviews challenges to the new collective bargaining law, recount litigation practically guarantees it won’t happen before the new term begins in August.

3. Misperception: They can’t possibly win. It depends on what they’re trying to win. With the legal team that made Al Franken a U.S. Senator, partisan judges and a media eager to sabotage conservatives, a stolen election is not inconceivable. But simply prolonging chaos advances the far bigger goal of ending Supreme Court elections altogether. There won’t be another until 2013 and the media are hard at work discrediting the concept. Only continued Republican legislative majorities can block a constitutional amendment handing the choice of our judges to unelected panels of liberal lawyers.

Things aren’t always what they seem.

The mask comes off

By stalling the final result of a statewide recount in the recent Supreme Court race, what the Liberal Left is really fishing for is a Supreme Court deadlocked 3-3 over legal challenges to changes in collective bargaining, with Justice Prosser playing no role.

The effect would be that the lower court’s decision stands, the transparently partisan District IV Court of Appeals having already ducked issuing a proper ruling by declining to hear the case.

Within the Supreme Court itself, there’s ample opportunity for the liberal wing to delay. It’s true that any four justices can petition to hear a case and the case would then be heard. But first, four Justices have to be willing to take that step. And once they’ve petitioned, it’s up to Liberal Chief Justice Shirley Abrahamson to schedule the case and her scheduling cannot be appealed.

Last week, former Dane County Executive Jonathan Barry said Circuit Judge Maryann Sumi’s
presumption of authority to block the legislation is “so egregiously wrong on the face of it that one has to conclude it’s political.”

A prominent member of the Assembly in the 1980’s, when Wisconsin’s Open Meetings Law was revised, Barry noted there has been no violation because the Legislature created the exemptions that allow it to operate precisely as it did last month.

For the handful of people who believed JoAnne Kloppenburg actually intended to deliver impartial judgment, the mask is off once and for all. 

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