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Daily Bread for 4.21.25: Department of Public Instruction Says No to Trump on DEI

Good morning.

Monday in Whitewater will be windy with a high of 56. Sunrise is 6:03 and sunset is 7:44, for 13 hours, 41 minutes of daytime. The moon is a waning crescent with 44.5 percent of its visible disk illuminated.

Whitewater’s Library Board meets at 6:30 PM.

This day in 753 BC is the traditional date on which Romulus founds Rome.


The Trump Administration takes an extreme view of Students for Fair Admissions v. Harvard, and assumes that institutions public and private must comply unquestioningly with the administration’s interpretation of that decision. The Wisconsin Department of Public Instruction chooses otherwise:

The Wisconsin Department of Public Instruction rejected the Trump administration’s request to certify compliance with a ban on diversity, equity and inclusion in K-12 public schools. 

State Superintendent Jill Underly said in a statement that Wisconsin schools are following the law. 

“We’ve put that into writing to the USDE,” Underly said. “We believe in local control in Wisconsin and trusting our local leaders – superintendents, principals, educators – who work together with parents and families every day to support students. They know their communities best. Washington, D.C. should not dictate how schools educate their kids.” 

The U.S. Department of Education sent a letter earlier this month to state agencies across the country requesting that agencies check with local school districts to ensure they don’t have diversity, equity and inclusion (DEI) programs. 

The federal administration is trying to apply the U.S. Supreme Court’s Students for Fair Admissions v. Harvard decision, which said race-based programs in higher education violate the Equal Protection Clause of the 14th Amendment, to K-12 education. The administration said state agencies needed to ensure compliance with Title VI of the Civil Rights Act and the Supreme Court decision. 

Wisconsin is one of several states, mostly led by Democrats, that have pushed back on the request. The Trump administration, which has been targeting diversity efforts in K-12 schools as well as in higher education and other sectors, has threatened that it could pull funding from states that don’t comply with the request.

See Baylor Spears, Wisconsin DPI rejects Trump administration request for certification on DEI ban compliance, Wisconsin Examiner, April 18, 2025.

Critical Race Theory (CRT) was Trumpism’s chief enemy not long ago, but it’s since been replaced with Diversity, Equity, and Inclusion (DEI). Trumpism is at bottom a cultural movement,1 seeking to exact revenge against the movement’s cultural enemies (e.g., gays, ethnic minorities, and others identified now and again to give the movement an opponent).

Today it’s DEI. Tomorrow it will be something and someone else. Today will be easier for them if their targets simply comply. They’ll not stop; their grievances are fathoms deep.

There’s no reason to make their lives easier while they make others’ lives harder. They expect swift compliance. Refusing to comply at their mere demand is a strong initial response. They are unworthy of others’ anticipatory obedience (to borrow an apt phrase).

Underly was sensible to respond with a rejection.

_____

  1. Trumpists are laughable on economics, for example, because their authoritarian movement’s sustaining energy is cultural. They’ve no developed economic theories because their attention is elsewhere and they find it’s too much work for middle-aged men and Boomers to rummage around for a coherent economic concept or two. Instead, they wind up plucking terms and assembling them into nothing better than a Frankenstein’s monster ↩︎

Fact Check — What Mars Rovers Really See:

Daily Bread for 4.20.25: Gableman Was an Embarrassment Yet Vos Appointed Him Anyway

Good morning.

Sunday in Whitewater will be cloudy, with scattered afternoon showers, and a high of 52. Sunrise is 6:04 and sunset is 7:43, for 13 hours, 39 minutes of daytime. The moon is a waning gibbous with 55.4 percent of its visible disk illuminated.

On this day in 1836, following earlier debate, Congress passes and President Andrew Jackson approves a resolution creating the Wisconsin Territory with an effective date of July 3, 1836.


At Wisconsin Watch, Tom Kertscher chronicles former Supreme Court Justice Michael Gableman’s history of disreputable conduct long before Robin Vos appointed him in 2021 as a special council. It shows how much was known of Gableman’s unworthy conduct, including insobriety, by ranking members of the WISGOP:

In October 2008, just two months after Gableman was sworn in [as a justice of the Wisconsin Supreme Court], the state Judicial Commission filed a complaint against him, alleging his ad violated the state judicial code of conduct. 

The commission dropped the case in 2010 after the Supreme Court deadlocked 3-3 on what to do about the complaint. Gableman didn’t participate. The other three conservative justices said that while the ad was “distasteful,” its statements were “objectively true” and protected by the First Amendment.

….

Ethics complaints were filed with two state agencies over Gableman’s acceptance of two years of free legal services, likely worth tens of thousands of dollars, in the case filed against him over the Butler ad. As a justice, Gableman did not recuse himself from cases argued by Michael Best & Friedrich, the law firm that provided his free legal aid. He ruled in favor of the firm’s clients five times, more than any other justice during his tenure on the court, the Milwaukee Journal Sentinel reported. No action was taken against him from those complaints.

Insobriety:

Wisconsin Watch has learned that while a justice, Gableman attended the 2016 Republican National Convention in Cleveland — in possible violation of judicial rules prohibiting attendance at party conventions — and while there, he appeared intoxicated and was escorted out of the convention hall after causing disturbances, according to two Wisconsin Republicans in attendance and a third briefed on the incident shortly after it happened.

Former longtime state GOP leader Steve King recalled then-U.S. Rep. Sean Duffy telling him that Gableman “has a problem and we need to get him back to his hotel.”

These WISGOP men knew then, but are only talking now.

Vos — years later —  has regrets about selecting Gableman as special counsel:

Gableman was paid $117,000, more than double the $55,000 that had been budgeted, according to a previously unreported document Wisconsin Watch obtained from the Assembly clerk.

“He paid no attention to detail, he delegated almost all the work to somebody else and very poor follow-through,” Vos told Wisconsin Watch. “It seemed like Mike Gableman was more concerned about the money he was earning as opposed to finding the truth.”

See Tom Kertscher, Wisconsin’s Supreme Court has become hyper political. The rise and fall of Michael Gableman’s career shows how that happened (‘The former Supreme Court justice has agreed to surrender his law license after years of avoiding consequences for his behavior, including a previously unreported incident at the 2016 Republican National Convention’), Wisconsin Watch, April 16, 2025.

A person of normal judgment would have known that Michael Gableman wasn’t the man for any serious job. Gableman is a former justice and past embarrassment to Wisconsin. Robin Vos, by contrast, remains a current legislator and ongoing embarrassment.

See also Henry Redman, Gableman’s law license suspended for three years, Wisconsin Examiner, April 7, 2025 and from FREE WHITEWATER, Justice Comes for Former Justice Gableman and Vos Catches on Years Too Late.


How High Can Easter Bunnies Iggies Jump?:

Daily Bread for 4.8.25: Updates on the Careers of Gableman and Bradley

Good morning.

Tuesday in Whitewater will be sunny with a high of 42. Sunrise is 6:24 and sunset is 7:29, for 13 hours, 5 minutes of daytime. The moon is a waxing gibbous with 83 percent of its visible disk illuminated.

Whitewater’s Tech Park Innovation Center Advisory Board meets at 8:30 AM, the Public Works Committee at 5 PM, and the Community Development Authority at 6 PM.

On this day in 1820, the Venus de Milo is discovered on the Aegean island of Milos.


There are updates on the careers of influential two Wisconsinites.

Michael Gableman, former justice of the Wisconsin Supreme Court and thereafter Speaker Robin Vos’s selection as a paid election conspiracy theorist, has struck a deal with the Office of Lawyer Regulation:

Former Wisconsin Supreme Court Justice Michael Gableman, who led a widely derided review of the 2020 presidential election,  searching for evidence for baseless accusations of fraud, will have his law license suspended for three years, according to a stipulated agreement between him and the state Office of Lawyer Regulation (OLR). 

Law Forward, the progressive voting rights focused firm, filed a grievance against Gableman with the OLR in 2023. The OLR filed a complaint against Gableman in November that alleged, among other counts, that he had failed to “provide competent representation” and to “abstain from all offensive personality” and of violating attorney-client privilege.

The allegations against Gableman stemmed from his treatment of the mayors of Green Bay and Madison, whom he threatened with jail time during his review, false statements he made during testimony to legislative committees, violating the state’s open records laws, breaching his contract with Assembly Speaker Robin Vos and, when OLR began investigating him, “making false statements” to the investigators in an affidavit. 

As part of the stipulated agreement, Gableman admitted that “he cannot successfully defend against the allegations of misconduct … and agrees that the allegations of the complaint provide an adequate factual basis in the record.” 

See Henry Redman, Gableman’s law license suspended for three years, Wisconsin Examiner, April 7, 2025.

The Wisconsin Supreme Court will have to approve the agreement between the parties, as is likely. A three-year suspension is lenient; Gableman’s conduct merits permanent disbarment. Vos, regrettably, remains in office despite his own role in selecting (and tolerating too long) Gableman’s cascade of lies.

Screenshot Rebecca Bradley April 5, 2025

When one last heard from Justice Rebecca Bradley, she was bitterly complaining expressing mild disappointment with Judge Susan Crawford’s election to the Wisconsin Supreme Court. Bradley’s now announced that she will run again next year:

MADISON – Supreme Court Justice Rebecca Bradley said this week she plans to seek another 10-year term in 2026, setting in motion another high-pitched battle for a seat on the state’s highest court.

….

State appeals judge Chris Taylor, a former Democratic state lawmaker, told the Journal Sentinel on Saturday she is considering running for the seat.

Bradley, appointed to the court by former Republican Gov. Scott Walker in 2015 and elected for a full 10-year term in 2016, announced just days after liberals secured control of the court until 2028.

….

Bradley also has been floated as a contender to replace retiring federal judge Diane Sykes on the 7th Circuit Court of Appeals, which would be a lifetime appointment.

She told Wispolitics she is focused on Wisconsin at the moment.

See Molly Beck, Wisconsin Supreme Court Justice Rebecca Bradley announces she’ll seek another 10-year term, Milwaukee Journal Sentinel, April 5, 2025.

At the moment: unless something more secure comes along.


Philippine volcano erupts, shooting ash cloud kilometers into the sky:

Daily Bread for 3.31.25: Musk Has a Good Time in Green Bay

Good morning.

Monday in Whitewater will see wind gusts and a high of 46. Sunrise is 6:38 and sunset is 7:20, for 12 hours, 42 minutes of daytime. The moon is a waxing crescent with 6.9 percent of its visible disk illuminated.

The Whitewater School Board meets at 7 PM.

On this day in 1854, Commodore Matthew Perry signs the Convention of Kanagawa with the Tokugawa Shogunate, opening the ports of Shimoda and Hakodate to American trade.


One of the recipients of Elon Musk’s $1 million checks at his event in Green Bay Sunday night is the chairman of the Wisconsin College Republicans, sparking some suspicion on social media that the giveaway was fixed.

Nicholas Jacobs, a student at the University of Wisconsin-River Falls, is listed as the chairman of Wisconsin’s College Republicans chapter. He has made his account private on X, the social media platform formerly known as Twitter that Musk owns.

According to his LinkedIn account, Jacobs worked for the campaigns of U.S. Sen. Ron Johnson and Rep. Derrick Van Orden. In the fall of 2024, he worked as a “ballot chase representative” for Turning Point Action, which began as a youth-focused group active on college campuses but has expanded its voter outreach operations, especially in Wisconsin.

See Hope Karnopp, Wisconsin College Republicans chairman received one of Elon Musk’s $1 million checks, Milwaukee Journal Sentinel, March 31, 2025.

And so, and so, of the attendees the breakdown would be two winners in a room full of suckers.

Update No. 1 on yesterday’s post (Wisconsin Courts Won’t Intervene Against Musk): Elon Musk hands out $1 million payments after Wisconsin Supreme Court declines request to stop him:

GREEN BAY, Wis. (AP) — Elon Musk gave out $1 million checks on Sunday to two Wisconsin voters, declaring them spokespeople for his political group, ahead of a Wisconsin Supreme Court election that the tech billionaire cast as critical to President Donald Trump’s agenda and “the future of civilization.” 

Elon Musk presents a check for $1 million dollars to a man during a town hall Sunday, March 30, 2025, in Green Bay, Wis. (AP Photo/Jeffrey Phelps)
Elon Musk presents a check for $1 million dollars to a man during a town hall Sunday, March 30, 2025, in Green Bay, Wis. (AP Photo/Jeffrey Phelps)
Elon Musk presents a check for $1 million dollars during a town hall Sunday, March 30, 2025, in Green Bay, Wis. (AP Photo/Jeffrey Phelps)
Elon Musk presents a check for $1 million dollars during a town hall Sunday, March 30, 2025, in Green Bay, Wis. (AP Photo/Jeffrey Phelps)

“It’s a super big deal,” he told a roughly 2,000-person crowd in Green Bay on Sunday night, taking the stage in a yellow cheesehead hat. “I’m not phoning it in. I’m here in person.”

….

A unanimous state Supreme Court on Sunday refused to hear a last-minute attempt by the state’s Democratic attorney general to stop Musk from handing over the checks to two voters, a ruling that came just minutes before the planned start of the rally.

See Scott Bauer and Thomas Beaumont, Elon Musk hands out $1 million payments after Wisconsin Supreme Court declines request to stop him, Associated Press, March 30, 2025. See also Wisconsin Supreme Court Kaul v. Musk, Case 2025CV001087, March 28, 2025.


How Tariffs Are Going To Jack Up Car Prices In The U.S.:

Daily Bread for 3.30.25: Wisconsin Courts Won’t Intervene Against Musk

Good morning.

Sunday in Whitewater will be rainy with a high of 64. Sunrise is 6:40 and sunset is 7:19, for 12 hours, 39 minutes of daytime. The moon is a waxing crescent with 2 percent of its visible disk illuminated.

On this day in 1867, the United States and the Russian Empire agree to the purchase of Alaska from Russia for $7.2 million, about two cents/acre. The parties later ratify the agreement by treaty, and effective transfer occurs in October 1867.


It was improbable that Wisconsin courts would intervene to prevent Elon Musk from conducting a giveaway (of either hundreds of dollars or even millions of dollars) so close to the April 1st election. American courts are not dispositionally situated to address an authoritarian movement, as these movements act quickly, audaciously, and ignore both law and tradition in pursuit of their goals.

Attorney General Kaul’s litigation against Musk has come to naught:

A Wisconsin appellate court denied the state Democratic attorney general’s request to stop billionaire Elon Musk from handing over $1 million checks to two voters at a rally planned for Sunday, just two days before a closely contested Supreme Court election.

The denial Saturday by the Wisconsin Court of Appeals is the latest twist in Musk’s deep involvement in the race, which has set a record for spending in a judicial election and has become a litmus test for the opening months of Donald Trump’s presidency. Trump and Musk are backing Waukesha County Judge Brad Schimel in the race, while Democrats are behind Dane County Judge Susan Crawford.

Attorney General Josh Kaul filed the lawsuit Friday, arguing that Musk’s offer violates the law. Kaul on Saturday later appealed to the state Court of Appeals, after a county court judge refused earlier in the day to hear the request for an emergency injunction to block the payments.

See Wisconsin appeals court won’t stop Musk’s $1M payments to voters after attorney general sues, Associated Press, March 29, 2025. See also the circuit court filing Kaul v. Musk, Case 2025CV001087, March 28, 2025.

Authoritarian movements do not meet their end in the courts; they meet their end through widespread protest and civil disobedience.


Global protests against Tesla CEO Elon Musk:

Daily Bread for 2.9.25: Wisconsin Joins Multi-State Lawsuit Against Musk’s Access to Restricted Information

Good morning.

Sunday in Whitewater will be sunny with a high of 28. Sunrise is 6:59 and sunset is 5:19, for 10 hours, 19 minutes of daytime. The moon is a waxing gibbous with 90.4 percent of its visible disk illuminated.

On this day in 1870, President Grant signs a joint resolution of Congress establishing the U.S. Weather Bureau.


Overdue, both legally and technically, but justified litigation nonetheless:

Democratic Gov. Tony Evers and Attorney General Josh Kaul are joining Wisconsin to a multi-state lawsuit seeking to block the Trump administration and billionaire Elon Musk from accessing restricted government records on millions of federal employees.

In a statement, Evers said the lawsuit is aimed at protecting Wisconsinites’ personal details. “Wisconsinites expect the federal government to treat their Social Security numbers, bank account information, and other sensitive personal details with the highest level of protection and confidentiality — and that obligation doesn’t go out the window just because Elon Musk says it should,” Evers said.“Giving political appointees access to our most personal information like this is illegal. That’s plain as day.”

Agents working for Musk accessed the records maintained by the Office of Personnel Management, the Washington Post reported Thursday, citing four U.S. officials with knowledge of the developments.

….

The 19 states are seeking an injunction to block the Trump administration from blocking access to the payment system and a declaration that the Treasury Department’s policy change is unlawful, according to Kaul.

“Donald Trump has put the whims of Elon Musk ahead of Americans’ privacy and security,” Kaul said in a statement. “We’ve gone to court to address this outrageous situation and to protect the American people.”

See Molly Beck, Wisconsin Gov. Tony Evers joins lawsuit over Elon Musk’s access to restricted information, Milwaukee Journal Sentinel, February 8, 2025.


What a young tapir looks like:

A rare and endangered Malayan tapir calf was born at Tacoma’s Point Defiance Zoo, the second tapir birth in the zoo’s 120-year history.

Daily Bread for 12.29.24: Speaker Robin Vos Tries to Shirk Responsibility (Yet Again)

Good morning.

Sunday in Whitewater will be cloudy with a high of 42. Sunrise is 7:25 and sunset is 4:29, for 9 hours, 4 minutes of daytime. The moon is a waning crescent with 2 percent of its visible disk illuminated.

On this day in 1845, the United States annexes the Republic of Texas and admits it as the 28th state.


When lawmakers use public funds wastefully, taxpayers bear those costs. The costs send a signal to those taxpayers that the public deserves greater frugality from lawmakers. The waste is unfortunate; the signal to taxpayers, however, acts as a call for scrutiny over those lawmakers. When lawmakers violate the law, and private parties sue successfully over those violations, the public cost of that litigation sends a message to taxpayers that their public representatives have burdened them once again (and so should be replaced).

Speaker Robin Vos, however, does not want the WISGOP Legislature’s failures to reach taxpayers. No and no again: Vos has wasted money, and the public should feel that he has; Vos’s position has lost in the courts, and the public should feel that he’s lost.

Predictably, Vos is trying to avoid the price of his own violations of the law:

A three-member Wisconsin appeals court has awarded $241,000 in legal fees and costs to the liberal group American Oversight in two open records lawsuits it brought against Assembly Speaker Robin Vos over the investigation he ordered into the 2020 presidential election.

The Waukesha-based District II Court of Appeals rejected Vos’ efforts to reverse Dane County Circuit Court decisions ordering the state to pick up $143,211 in legal fees for one American Oversight case and $98,000 for a second one. The rulings make clear the costs will ultimately be paid by taxpayers.

….

The three appellate judges reviewing the public records cases were two conservatives — Mark Gundrum and Maria Lazar — and one liberal, Lisa Neubauer.

See Daniel Bice, Appeals Court upholds $241,000 in legal fees to liberal group over Gableman records, Milwaukee Journal Sentinel, December 27, 2024.

If the public doesn’t want to bear these costs, then the public needs a better majority, and a better speaker. Vos is a below-average steward of public funds and if the public wants Vos, well, it’s going to be more expensive than it would be with a competent Assembly speaker.

“Incredibly Safe!” By Lehnmat – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=89016154

(Imagine being someone — in Whitewater, let’s say — who thought that a call from Vos was a sign of importance and influence. Honest to goodness, someone who thought that would be a ridiculous person. A call from Vos? Even the receptionist shouldn’t have to take that call, and it would be a burden merely to retrieve his message from voicemail.)

See also from FREE WHITEWATER an entire category dedicated to Robin Vos. It’s a years-long account of his serial failures. (Best not to read near mealtime.)


One eco-friendly way to recycle Christmas trees — feed them to goats:

Daily Bread for 12.11.24: National Election Doesn’t Nullify Wisconsin Law

Good morning.

Wednesday in Whitewater will be cloudy with a high of 28. Sunrise is 7:16, and sunset is 4:20, for 9 hours, 5 minutes of daytime. The moon is a waxing gibbous with 81.9 percent of its visible disk illuminated.

On this day in 1972,  Apollo 17 becomes the sixth and final Apollo mission to land on the Moon.


First, an update to an earlier post (Imperfect Justice): Alex Jones keeps Infowars for now after judge rejects The Onion’s winning auction bid. Jones doesn’t deserve the site, but its next ownership is now unclear.

Second, it turns out (properly) that the results of a national election do not nullify Wisconsin’s criminal law:

Wisconsin prosecutors filed 10 additional felony charges Tuesday against two attorneys and an aide to President-elect Donald Trump who advised Trump in 2020 as part of a plan to submit paperwork falsely claiming that the Republican had won the battleground state that year.

Jim Troupis, who was Trump’s attorney in Wisconsin, Kenneth Chesebro, an attorney who advised the campaign, and Mike Roman, Trump’s director of Election Day operations in 2020, all initially faced a single felony forgery charge in Wisconsin. Those charges were filed in June.

But on Tuesday, two days before the three are scheduled for their initial court appearances, the Wisconsin Department of Justice filed 10 additional felony charges against each of them. The charges are for using forgery in an attempt to defraud each of the 10 Republican electors who cast their ballots for Trump that year.

See Scott Bauer, Trump lawyers and aide hit with 10 additional felony charges in Wisconsin over 2020 fake electors, Associated Press, December 10, 2024.


Aerial video captures Franklin Fire impacting thousands in Malibu:

Daily Bread for 12.10.24: U.S. Supreme Court Declines to Hear Eau Claire Parents’ Challenge to Gender Identity Support Plans

Good morning.

Tuesday in Whitewater will be cloudy with a high of 32. Sunrise is 7:15, and sunset is 4:20, for 9 hours, 6 minutes of daytime. The moon is a waxing gibbous with 72.3 percent of its visible disk illuminated.

Whitewater’s Public Works Committee meets at 5:00 PM.

On this day in 1864, during his March to the Sea, Major General William Tecumseh Sherman’s Union Army troops reach the outer Confederate defenses of Savannah, Georgia.


On Monday, the U.S. Supreme Court declined to hear an appeal from a decision of the 7th U.S. Circuit Court of Appeals (based in Chicago):

The Supreme Court on Monday declined to take a Wisconsin case that could have made it easier for parents to fight schools’ efforts to support transgender and nonbinary students.

Three of the court’s six conservatives — Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh — said they would have taken the appeal.

A group of Eau Claire parents argued challenges to gender identity support policies are being dismissed by judges across the country before they can be fully litigated because parents can’t show they’ve been affected.

….

The Eau Claire Area School District of Wisconsin, which is defending its guidelines for ensuring a supportive environment for transgender students, countered that the parents are trying to create a new standard for lawsuits that would allow parents to preemptively challenge any school policy even if it doesn’t apply to them.

….

The template Gender Support Plan prepared by the Eau Claire Area School District in 2022 recognizes that parents may not always be involved in a plan’s creation for a student. School personnel are supposed to check with a student before discussing their transgender status with a parent. But the support plan will be released to parents who request it.

A three-judge panel of the Chicago-based 7th U.S. Circuit Court of Appeals ruled in May that none of the parents challenging the policy “has experienced an actual or imminent injury.”

See Maureen Groppe, Supreme Court rejects Wisconsin parents’ challenge to schools’ gender identity support plans, Milwaukee Journal Sentinel, December 9, 2024.


Did Tesla Go From Cool to Cringe?:

Daily Bread for 12.3.24: Act 10 Ruled Unconstitutional, These Years Later

Good morning.

Tuesday in Whitewater will be partly cloudy with a high of 30. Sunrise is 7:08, and sunset is 4:21, for 9 hours, 13 minutes of daytime. The moon is a waxing crescent with 6 percent of its visible disk illuminated.

The Whitewater Common Council meets at 6:30 PM.

On this day in 1947, the first TV station in Wisconsin, WTMJ-TV in Milwaukee, is established. The seventeenth television station in the country, WTMJ-TV is the first in the Midwest.


We live in time when past judicial decisions are discarded, at the federal and state level. It should not surprise, although it still does, that prior legislation and prior court rulings to it are again set aside. And so, as one would have expected since July, Act 10 has been ruled unconstitutional:

Judge Jacob Frost ruled that Act 10, passed by the state Legislature’s Republican majority in 2011 and signed by former Republican Gov. Scott Walker in his first year in office, was unconstitutional in making some public safety workers exempt from the law’s limits on unions but excluding other workers with similar jobs from those protections.

The ruling essentially confirmed Frost’s ruling on July 3, 2024, when he rejected motions by the state Legislature’s Republican leaders to dismiss the 2023 lawsuit challenging Act 10.

In that ruling, Frost declared that state Capitol Police, University of Wisconsin Police, and state conservation wardens were “treated unequally with no rational basis for that difference” because they were not included in the exemption that Act 10 had created for other law enforcement and public safety employees.

For that reason, the law’s categories of general and public safety employees, and its public safety employee exemption, were unconstitutional, Frost wrote then.

Frost reiterated that ruling Monday. “Act 10 as written by the Legislature specifically and narrowly defines ‘public safety employee,’” Frost wrote. “It is that definition which is unconstitutional.”

In addition, the judge rejected the suggestion that Act 10 could remain in effect without the law’s public safety employee carve-out, and that either the courts or the Wisconsin Employment Relations Commission could resolve a constitutionally acceptable definition in the future.

“The Legislature cites no precedent for this bold argument that I should simply strike the unlawful definition but leave it to an agency and the courts to later define as they see fit,” Frost wrote. “Interpreting ‘public safety employee’ after striking the legislated definition would be an exercise in the absurd.”

See Erik Gunn, Judge strikes down core parts of Act 10 that stripped most public workers’ union rights, Wisconsin Examiner, December 2, 2024.


Video captures cliffside rescue in San Francisco:

This video captured the California Highway Patrol rescuing a man trapped on the side of a cliff above Baker Beach in San Francisco. The man was hoisted safely to the beach below.

Daily Bread for 11.20.24: Justice Comes for Former Justice Gableman

Good morning.

Wednesday in Whitewater will be windy with snowy conditions in the evening and a high of 41. Sunrise is 6:53, and sunset is 4:27, for 9 hours, 33 minutes of daytime. The moon is a waning gibbous with 73.5 percent of its visible disk illuminated.

Whitewater’s Parks and Recreation Board meets at 5:30 PM.

On this day in 1945, the Nuremberg trials against 24 Nazi war criminals begin at the Palace of Justice at Nuremberg.


These many years later, former Wisconsin Supreme Court Justice and current conspiracist Michael Gableman now finds himself the subject of a professional disciplinary complaint:

The Wisconsin Office of Lawyer Regulation (OLR) filed a disciplinary complaint against former Supreme Court Justice Michael Gableman on Tuesday. In 10 counts, the complaint alleges Gableman violated numerous provisions of the Wisconsin Rules of Professional Conduct for Attorneys during and after his much-maligned investigation of the 2020 election. 

….

The first two counts against Gableman involve statements and actions he took after filing subpoenas against the mayors and city clerks of the cities of Green Bay and Madison. The complaint alleges that Gableman mischaracterized discussions he had with the lawyers for both cities, communicated with Green Bay’s city attorney when the city had obtained outside counsel in the matter, lied to Green Bay city officials about the work of his investigation and mischaracterized those actions when he filed a petition with a Waukesha County Circuit Court attempting to have the mayors of both cities arrested for not complying with his subpoenas. 

The third count alleges that Gableman made false statements in his testimony to the Assembly Committee on Campaigns and Elections when he accused officials at the Wisconsin Elections Commission, as well as the mayors of Green Bay and Madison, of “hiring high-priced lawyers” to conduct an “organized cover-up.”

See Henry Redman, Wisconsin Office of Lawyer Regulation files disciplinary complaint against Gableman (‘Complaint alleges 10 counts of violations of state attorney code of conduct against former Supreme Court justice’), Wisconsin Examiner, November 19, 2024.

Redman’s reporting summarizes all ten Office of Lawyer Regulation complaints against Gableman. The full complaint appears immediately below:

Powered By EmbedPress

The Wisconsin Supreme Court adjudicates complaints from the Office of Lawyer Regulation alleging attorney misconduct under a set of published court rules. See SCR 20A, 20B (2023).

The Wisconsin Supreme Court will decide what, if any, sanctions Gableman merits against him. Apart from any disciplinary action (rightly decided only on the rules and facts before the court) one can say even now that Gableman’s political influence over the last four years has been among the most controversial of recent memory.

See from FREE WHITEWATER a post category dedicated to Michael Gableman.


Fox & Badger Enjoy a Snack:

Daily Bread for 11.12.24: Oral Argument at the Wisconsin Supreme Court Over an Abortion Ban

Good morning.

Tuesday in Whitewater will be partly sunny with a high of 49. Sunrise is 6:43, and sunset is 4:34, for 9 hours, 50 minutes of daytime. The moon is a waxing gibbous, with 85.5 percent of its visible disk illuminated.

Whitewater’s Public Works Committee meets at 5 PM, and the Public Art Committee meets at 5:30 PM.

On this day in 1938, Nazi Germany issues the Decree on the Elimination of Jews from Economic Life prohibiting Jews from selling goods and services or working in a trade, totally segregating Jews from the German economy.


Todd Richmond reports Wisconsin Supreme Court grapples with whether state’s 175-year-old abortion ban is valid:

A conservative prosecutor’s attorney struggled Monday to persuade the Wisconsin Supreme Court to reactivate the state’s 175-year-old abortion ban, drawing a tongue-lashing from two of the court’s liberal justices during oral arguments.

Sheboygan County’s Republican district attorney, Joel Urmanski, has asked the high court to overturn a Dane County judge’s ruling last year that invalidated the ban. A ruling isn’t expected for weeks but abortion advocates almost certainly will win the case given that liberal justices control the court. One of them, Janet Protasiewicz, remarked on the campaign trail that she supports abortion rights.

….

The ban stood until 1973, when the U.S. Supreme Court’s landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never repealed the ban, however, and conservatives have argued the Supreme Court’s decision to overturn Roe two years ago reactivated it. 

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that prohibits abortion after a fetus reaches the point where it can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Urmanski contends that the ban was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for a lower appellate decision.

See Oral Argument in Josh Kaul v. Joel Urmanski, as DA for Sheboygan County, WI 2023AP002362 at Wiseye (free subscription req’d):

As noted in yesterday’s post there is, however, a constitutional Supremacy Clause that, if relied upon following federal restrictions, would make state action moot.


Why methane emissions matter in the fight against climate change: