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Daily Bread for 10.11.24: Yeah, Sure, But Who Fixes This Kind of Crazy?

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Good morning.

Friday in Whitewater will be mostly sunny with a high of 80. Sunrise is 7:04, and sunset is 6:18, for 11 hours, 14 minutes of daytime. The moon is a waxing gibbous, with 58.6 percent of its visible disk illuminated.

On this day in 1986,  Ronald Reagan and Mikhail Gorbachev meet in Iceland to continue discussions about scaling back IRBM arsenals in Europe.

Months ago, Gov. Evers used his partial veto authority as governor to alter legislation so that a school funding increase would continue for 400 years. The Wisconsin Supreme Court decided in June to take a case challenging that partial veto. See FREE WHITEWATER, Wisconsin Supreme Court Considers Gubernatorial Partial Veto. At the time, I wrote that

Evers’s expansion of the legislative funding until 2425 was unexpected (and I’d argue that expansion goes too far). And yet, and yet, his actions are a clever expression (and send-up) of political gamesmanship. I don’t know Evers’s childhood reading and viewing habits. Still, his partial veto suggests someone who enjoyed the irony and satire of Mad magazine or has a Bugs-Bunny-level cleverness.)

Well, the case went to oral argument before Wisconsin’s high court, and the justices are perplexed, as Scott Bauer reports:

Justices appeared to agree that limits were needed, but they grappled with where to draw the line.

When legal scholars and others look at what Wisconsin courts have allowed relative to partial vetoes, “they think it’s crazy because it is crazy,” said Justice Brian Hagedorn. “We allow governors to unilaterally create law that has not been proposed to them at all. It is a mess of this court’s making.”

The initial reaction from anyone would be that a 400-year veto is “extreme,” said Justice Rebecca Dallet, but the question is whether it’s within the governor’s authority to use the partial veto to extend the duration of dates.

….

Wisconsin’s partial veto power was created by a 1930 constitutional amendment, but it’s been weakened over the years, including in reaction to vetoes made by former governors, both Republicans and Democrats.

Voters adopted constitutional amendments in 1990 and 2008 that removed the ability to strike individual letters to make new words — the “Vanna White” veto — and the power to eliminate words and numbers in two or more sentences to create a new sentence — the “Frankenstein” veto. 

The lawsuit before the court on Wednesday contends that Evers’ partial veto is barred under the 1990 constitutional amendment prohibiting the “Vanna White” veto, named the co-host of the game show Wheel of Fortune who flips letters to reveal word phrases.

But Evers argued that the “Vanna White” veto ban applies only to striking individual letters to create new words, not vetoing digits to create new numbers.

Listen to this week’s oral argument in Jeffery A LeMieux v. Tony Evers via download @ https://devwww.wicourts.gov/scoa-media/2024AP000729_20241009.mp3

The court may decide to reject Evers’s approach, but prior changes to the partial veto came through a state constitutional amendment. Why, then, should the court decide now? Wisconsin voters can, through amendment, alter the partial veto in many ways, or eliminate it entirely.

There’s too much, too far, or too long, and there there’s what method to limit too much, too far, or too long.

The gubernatorial partial veto’s limits can and should be addressed by voters through a constitutional amendment.

Voters can (and should) be the ones to fix this kind of crazy.

Black hole shreds star and has moved on to another target:

Using NASA’s Chandra X-ray Observatory and other telescopes, astronomers have found that a black hole that shredded a star has moved onto a another star or stellar black hole

Conspiracy Theories, Courts, Daily Bread, Elections, Law, Wisconsin

Daily Bread for 9.13.24: Wisconsin Supreme Court Takes Case on Future of Elections Commission Chairwoman

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Good morning.

Friday in Whitewater will be partly cloudy with a high of 82. Sunrise is 6:34, and sunset is 7:06, for 12h 32m 27s of daytime. The moon is a waxing gibbous with 73.6 percent of its visible disk illuminated.

On this day in 1956, the IBM 305 RAMAC is introduced, the first commercial computer to use disk storage.

By Norsk Teknisk Museum – https://digitaltmuseum.org/011015239966/22-0-ibm-modell-305-ramac/media?slide=0, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=124744659

Scott Bauer reports The Wisconsin Supreme Court will hear a case on the future of the state’s elections leader:

MADISON, Wis. (AP) — The Wisconsin Supreme Court on Wednesday said it would hear a lawsuit that could determine whether the state’s top elections official could remain in her post after Republicans who controlled the state Senate sought to fire her last year.

….

Meagan Wolfe serves as the nonpartisan administrator of the Wisconsin Elections Commission, an agency run by a bipartisan board that oversees elections in the key presidential battleground state. Republicans unhappy with her, especially after the 2020 election won by President Joe Biden, have attempted to oust her from her job.

Wolfe has been the subject of conspiracy theories and targeted by threats from election skeptics who falsely claim she was part of a plot to rig the 2020 vote in favor of Biden. Biden defeated Donald Trump in 2020 by nearly 21,000 votes in Wisconsin, and his win has withstood two partial recounts, a nonpartisan audit, a conservative law firm’s review, and multiple state and federal lawsuits.

….

Senate Republicans voted in September 2023 to fire Wolfe, despite objections from Democrats and the Legislature’s nonpartisan attorneys, who said the Senate didn’t have the authority to vote at that time because Wolfe was a holdover in her position and had not been reappointed.

Democratic Attorney General Josh Kaul sued to challenge that vote, and in court filings, Republican legislative leaders changed course and claimed their vote to fire Wolfe was merely “symbolic” and had no legal effect. They also asked the judge to order the elections commission to appoint an administrator for the Senate to vote on.

Dane County Circuit Court Judge Ann Peacock, in a January ruling, said Wolfe is legally serving as administrator of the elections commission as a holdover given that the commission deadlocked on whether to reappoint her. The Senate’s vote to remove her had no legal effect and the commission has no duty to appoint a new leader while Wolfe is serving as a holdover, Peacock ruled.

Republican leaders of the Legislature appealed and asked the state Supreme Court to take the case directly, skipping a state appeals court, which it agreed to do on Wednesday.

It’s astonishing how many repercussions and lawsuits Wisconsin has endured from election conspiracists.

Hikers caught in torrential downpour in the Grand Canyon:

Hikers touring the Grand Canyon in Arizona had to stop for shelter while heavy rainwater fell. The downpour caused flash floods in the area.

Courts, Law, Public Records, Wisconsin

Daily Bread for 9.12.24: The Extremism of Election Conspiracy Theorists

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Good morning.

Thursday in Whitewater will be sunny with a high of 85. Sunrise is 6:32, and sunset is 7:08, for 12h 35m 19s of daytime. The moon is a waxing gibbous with 64 percent of its visible disk illuminated.

This day in 490 BC is the conventionally accepted date for the Battle of Marathon at which the Athenians and their Plataean allies defeat the first Persian invasion force of Greece.

One of two election law cases before the Wisconsin Supreme Court on Tuesday reveals the extremism of election conspiracy theorists. Of that case (Wisconsin Voter Alliance v. Secord) and one other, Henry Redman reports in Wisconsin Supreme Court hears arguments in two election cases:

The first case involves a right-wing election conspiracy group, Wisconsin Voter Alliance, which has spent years casting doubt on the results of the 2020 election by alleging fraud in the state’s election system. The group, founded by conspiracy theorist Ron Heuer, has been filing records requests with counties across the state seeking documents showing the identities of people in Wisconsin who have been declared incompetent by a judge and had their right to vote taken away. 

….

The Wisconsin Voter Alliance has asked for the names and addresses of people who have been declared incompetent in guardianship cases so the group can compare that list with the voter rolls in the statewide voter registration database and find any people who have been voting despite having the right to do so taken away. County officials across the state have been denying these requests because state law requires that any court records in these cases “pertinent” to the declaration of incompetency be kept secret. 

Open access to public records is a right, and a significant one, but not unlimited. Here, a private party wants to conduct its own examination, but as Redman reports the argument from Walworth County’s counsel, there is already a lawful public process to investigate people declared incompetent from voting:

Samuel Hall, the attorney representing Walworth County, argued the law requires that these records be kept confidential. 

“Now the purpose behind the request and who the requesters are, as noble as they may be, are irrelevant under Wisconsin public records law,” Hall said. “The truth of the matter is that the District 2 Court of Appeals decision blasts open the door for the personal information of some of the most vulnerable people in our communities to be broadcast, not only to those with noble and good intentions, but to those who might do these folks harm or seek to defraud them.” 

He added that to the extent that there is an interest in conducting oversight of this government function — in which the court system is required to make local election clerks aware of decisions so the clerks can update voting records — there are plenty of avenues to do so without a private citizen or organization getting access to information state law deems confidential. 

“To the extent that there’s a desire to have oversight or a watchdog, per se, it doesn’t need to be done by a private individual or a private organization. Voting when ineligible to do so is a class I felony,” Hall said. “If there is a concern that that is going on, reporting it to law enforcement, reporting it to a local sheriff, could lead to a criminal investigation. We have a legislative process where even, you know, the Assembly or Senate could conduct inquiries, or the Wisconsin Elections Commission itself could conduct inquiries. None of that has happened here. This is a private organization seeking personal information of court documents that the Legislature has already deemed closed.” 

That’s spot on: a private party’s right to review incompetency records has already been decided by the Legislature. (That this private party would very much like to see these records doesn’t matter; it’s law not private feeling that should govern here.)

SpaceX Polaris Dawn crew steps out of capsule for first private spacewalk:

Courts, Daily Bread, Elections, Fellow Traveler, Fifth Columnist, Harris-Walz, Law, Never Trump, Wisconsin

Daily Bread for 8.28.24: Live by Siphoning, Perish by Siphoning

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Good morning.

Wednesday in Whitewater will be cloudy with a high of 83. Sunrise is 6:16, and sunset is 7:34, for 13h 17m 38s of daytime. The moon is a waning crescent with 27.1 percent of its visible disk illuminated.

Whitewater’s Lakes Advisory Committee meets at 4:30 PM, and the Finance Committee meets at 6:30 PM.

On this day in 1830, the Baltimore and Ohio Railroad‘s new Tom Thumb steam locomotive races a horse-drawn car, presaging steam’s role in U.S. railroads.

Screenshot: RFK Jr. explains that whole dead bear cub incident
Screenshot: Stein impersonates a homegrown candidate in campaign video

Yesterday’s post looked at the Wisconsin Supreme Court’s dismissal of a complaint designed to keep the Green Party off the Wisconsin 2024 presidential ballot. See Green Party Worries Needlessly about Risks to Its Vote-Siphoning Operation in Wisconsin.

And look, and look: in an alternative history of our time, there might have been a legitimate Green Party candidate fighting for environmental issues, etc. That’s not Jill Stein. She is Putin’s catspaw: easily a fellow traveler, if not a fifth columnist. Her presence on the ballot serves only to siphon votes from the Democratic candidate. In this way, the right judicial decision (to keep her on the ballot) turns out to be the wrong political decision (Stein’s candidacy serves only those at home and abroad who would weaken American liberal democracy).

If, however, the adversaries of the American liberal democratic tradition won a small victory by keeping Stein on the ballot to pull left-learning voters, they suffered an equal defeat yesterday when the Wisconsin Elections Commission ruled to keep Robert F. Kennedy Jr. on the Wisconsin ballot. MAGA-supporting RFK Jr. wanted to be off the Wisconsin ballot precisely because he knows (with what’s left of his brain) that he draws from MAGA-leaning voters.

Live by siphoning, perish by siphoning. These scheming candidates and their foreign backers are as risible as they are wrong.

Through all this, the right choice is stark and the imperative clear: Harris-Walz. Never Trump means never Trump.

Courts, Daily Bread, Elections, Fellow Traveler, Law, Wisconsin

Daily Bread for 8.27.24: Green Party Worries Needlessly about Risks to Its Vote-Siphoning Operation in Wisconsin

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Good morning.

Tuesday in Whitewater will be sunny with a high of 94. Sunrise is 6:15, and sunset is 7:36, for 13h 23m 08s of daytime. The moon is a waning crescent with 37.2 percent of its visible disk illuminated.

On this day in 1832, Black Hawk, leader of the Sauk tribe of Native Americans, surrenders to U.S. authorities, ending the Black Hawk War.

On this day in 1878,  Christopher Latham Sholes patents the typewriter:

The idea for this invention began at Kleinsteuber’s Machine Shop in Milwaukee in the late 1860s. A mechanical engineer by training, Sholes, along with associates Carlos Glidden and Samuel Soulé, spent hours tinkering with the idea. They mounted the key of an old telegraph instrument on a base and tapped down on it to hit carbon & paper against a glass plate. This idea was simple, but in 1868 the mere idea that type striking against paper might produce an image was a novelty. Sholes proceeded to construct a machine to reproduce the entire alphabet. The prototype was sent to Washington as the required Patent Model. This original model still exists at the Smithsonian. Investor James Densmore provided the marketing impetus that eventually brought the machine to the Remington Arms Company. Although Remington mass-marketed his typewriter beginning in 1874, it was not an instant success. A few years later, improvements made by Remington engineers gave the machine its market appeal and sales skyrocketed. [Source: Wisconsin Lore and Legends, p.41]

Last week, advocates for the Green Party expressed alarm that the Wisconsin Supreme Court asked that political party to file briefs in a lawsuit from the Wisconsin Democrats aimed at keeping the Greens off the November ballot. Wisconsin’s high court gave the Greens a tight deadline, leading the party to contend it was being treated unfairly.

Yesterday, the Wisconsin Supreme Court dismissed the suit aimed at keeping the Greens off the ballot. The Greens misunderstood the purpose of the tight deadline to file briefs. Henry Redman reports that

The Wisconsin Supreme Court on Monday dismissed a lawsuit from the Democratic National Committee challenging Green Party presidential candidate Jill Stein’s placement on the ballot in November. 

With just one day before the Wisconsin Elections Commission decides which candidates will be allowed on the ballot this fall, the Court moved quickly in the case, asking parties late last week to file briefs in response to the Democrats’ petition to the Court before the Green Party of Wisconsin even had a lawyer. 

The Democrats had previously filed a complaint with the Wisconsin Elections Commission (WEC) against the Green Party’s candidate for president, Jill Stein, alleging she should not be placed on the state’s presidential ballot because the Green Party of Wisconsin does not have official state officers who can serve as presidential electors.

The WEC denied the Democrats’ complaint on a technicality, prompting the party to bring the lawsuit to the Supreme Court. 

Earlier this year, the WEC voted to allow the Green Party onto the ballot because it got at least 1% of the vote in a statewide election in 2022. 

(Emphasis added.)

The Wisconsin Supreme Court set an accelerated briefing deadline not to burden the Greens but to dispose of the complaint against them before the Elections Commission meeting.

Admittedly, there’s something laughable about an established political party (Green Party presidential candidate Jill Stein has been running for president, while simping for Putin, for years) whose Wisconsin Party officials whine that

According to Michael J. White, co-chair of the Wisconsin Green Party, his party had no legal representation in Wisconsin when he was notified of the court order.

“That just strikes me as a little bit unreasonable,” he told WPR on Thursday afternoon.

Pete Karas, the state Green Party’s elections chair, said they found a lawyer “around midnight” after “a zillion phone calls.” That lawyer is Milwaukee-area attorney Michael Dean.

The next morning, the party sent out a mass email to its followers asking for donations.

“Lawyers are expensive, and we need your help today to ensure we can pay for these much-needed legal fees,” the mailer said.

Funny that the Green Party didn’t have a Wisconsin lawyer beforehand. One would have expected a better level of preparation from a 2024 vote-siphoning operation.

Daily Bread, Language, Law, Legislature, State Government, Wisconsin

Daily Bread for 8.4.24: No on Amendment Questions 1 and 2

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Good morning.

Sunday in Whitewater will be partly cloudy with a high of 86. Sunrise is 5:50, and sunset is 8:10, for 14h 19m 39s of daytime. The moon is new with 0.1 percent of its visible disk illuminated.

On this day in 1914,  in response to the German invasion of Belgium, Belgium and the British Empire declare war on Germany. The United States declares its neutrality.

Voters will see two questions on the state’s Aug. 13 primary ballot to amend the state constitution, both of which would shift power to direct federal funding from the governor to the Legislature.

Questions written nebulously, and presented to voters on a month of traditionally lower turnout, deserve rejection. Government, and the questions it presents, are meant to be more than semantic trickery.

These are the amendment questions:

QUESTION 1: “Delegation of appropriation power. Shall section 35 (1) of article IV of the constitution be created to provide that the legislature may not delegate its sole power to determine how moneys shall be appropriated?”

QUESTION 2: “Allocation of federal moneys. Shall section 35 (2) of article IV of the constitution be created to prohibit the governor from allocating any federal moneys the governor accepts on behalf of the state without the approval of the legislature by joint resolution or as provided by legislative rule?”

For more information on the amendments, see Michael Keane, Wisconsin Constitutional Amendments, Wisconsin State Law Library. Keane writes:

If a majority of those voting on the ratification question vote “yes,” then the amendment has been ratified and becomes part of the constitution upon certification of the results by the chairperson of the elections commission, unless another date is specified in the amendment. (Wisconsin Statute 7.70(3)(h)).

The two amendments on the ballot in August, dealing with the expenditure of federal funds, were approved by the legislature on first consideration during the 2021 session (2021 Senate Joint Resolution 84; Enrolled Joint Resolution 14); they were approved on second consideration by the 2023 legislature (2023 Assembly Joint Resolution 6; Enrolled Joint Resolution 14). Two questions must be submitted to the vote because two different constitutional revisions are incorporated in the single joint resolution. The Supreme Court has ruled that in such cases, separate questions must be submitted to the people. (State ex rel. Thomson v. Zimmerman, 264 Wis. 644).

It appears that, for the first time, the people will be asked to approve a constitutional amendment at a primary election. All previous constitutional amendments have been submitted to the voters for approval at the non-partisan general (April) election, or the partisan general (November) election. (Wisconsin Blue Book, p. 509-514).

Signs of Ancient Life on Mars? Here’s What We See in This Intriguing Rock:

NASA’s Perseverance rover has made very compelling observations in a Martian rock that, with further study, could prove that life was present on Mars in the distant past – but how can we determine that from a rock, and what do we need to do to confirm it? Morgan Cable, a scientist on the Perseverance team, takes a closer look.

Daily Bread, Elections, Law, Voting Rights, Wisconsin

Daily Bread for 7.30.24: Another Meritless Challenge to Wisconsin Absentee Voting Dismissed

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Good morning.

Tuesday in Whitewater will be mostly sunny with a high of 87. Sunrise is 5:45, and sunset is 8:16, for 14h 30m 58s of daytime. The moon is a waning crescent with 24 percent of its visible disk illuminated.

On this day in 1981, as many as 50,000 demonstrators, mostly women and children, took to the streets in Lodz to protest food ration shortages in Communist Poland.

It’s become a common tactic in Wisconsin (and other states) for a resident to challenge voting rights on narrow procedural grounds. The consequence of this approach is to burden a lawful means of voting until residents are dissuaded from voting by those means. One lawsuit of this kind was dismissed Monday in Circuit Court. Todd Richmond reports Judge dismisses lawsuit challenging absentee voting procedure in battleground Wisconsin:

A Wisconsin judge dismissed a lawsuit Monday that challenged absentee voting procedures, preventing administrative headaches for local election clerks and hundreds of thousands of voters in the politically volatile swing state ahead of fall elections. 

The ruling stems from a lawsuit Thomas Oldenberg, a voter from Amberg, Wisconsin, filed in February. Oldenberg argued that the state Elections Commission hasn’t been following a state law that requires voters who electronically request absentee ballots to place a physical copy of the request in the ballot return envelope. Absentee ballots without the request copy shouldn’t count, he maintained. 

Commission attorneys countered in May that language on the envelope that voters sign indicating they requested the ballot serves as a copy of the request. Making changes now would disrupt long-standing absentee voting procedures on the eve of multiple elections and new envelopes can’t be designed and reprinted in time for the Aug. 13 primary and Nov. 5 general election, the commission maintained.

The case is Oldenburg v. WEC 2024CV43.

Trash-sucking vacuum cleaner robot dog hits Italian beach:

Daily Bread, Ethics, Law, Legislature, Wisconsin

Daily Bread for 7.28.24: When Wisconsin Public Officials Impede Public Accountability

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Good morning.

Sunday in Whitewater will see scattered showers with a high of 80. Sunrise is 5:43, and sunset is 8:18, for 14h 35m 15s of daytime. The moon is a waning crescent with 45.3 percent of its visible disk illuminated.

On this day in 1934, Two killed, 40 hurt in Kohler riot; National Guard occupies town:

On this day, the “model industrial village” of Kohler became an armed camp of National Guard cavalrymen after deadly strike-related rioting. The July 27th violence, which killed two Sheboygan men and injured 40 others, prompted the summoning of 250 Guardsmen to join the 200 special deputy village marshals already present. After striking workers became agitated and began to destroy company property, deputies turned to tear gas, rifles, and shotguns to quell the stone-throwing crowd, resulting in the deaths and injuries.

Owner Walter Kohler blamed Communists and outside agitators for the violence, while union leaders blamed Kohler exclusively. Workers at the Kohler plant were demanding better hours, higher wages, and recognition of the American Federation of Labor as their collective bargaining agent. Not settled until 1941, the strike marked the beginning of what was to become a prolonged struggle between the Kohler Company and organized labor in Wisconsin; a second Kohler strike lasted from 1954 to 1965.

On this day in 1996, the remains of a prehistoric man are discovered near Kennewick, Washington. Such remains will be known as the Kennewick Man.

There is a temerity (lit., excessive confidence or boldness) and a perversity (lit., the quality of being contrary to accepted standards and practices) in public officials who fight public accountability. Anya Van Wagtendonk reports Rep. Janel Brandtjen sues state Ethics Commission after campaign finance investigation (‘The complaint aims to fight charges against Brantdjen connected to an alleged 2022 campaign fundraising scheme’):

Republican state Rep. Janel Brandtjen, R-Menomonee Falls, has filed suit against the Wisconsin Ethics Commission in an effort to halt an investigation into her campaign finance activities from two years ago.

The complaint, filed Monday in Waukesha County Circuit Court, argues the commission violated state separation of powers protections when it recommended felony prosecution of Brandtjen.

“WEC is improperly stepping into the shoes of the District Attorney, and the executive branch, in regard to the exercise of prosecutorial discretion,” the lawsuit reads.

In February, the bipartisan state Ethics Commission found cause for charging Brandtjen and others with campaign finance violations tied to a 2022 primary challenge against Assembly Speaker Robin Vos. Investigators alleged that Brandtjen coordinated a scheme to bypass donor limits using county GOP offices and a war chest tied to former President Donald Trump’s campaign.

The commission referred the case to local district attorneys, depending on where the alleged violations took place. Brandtjen’s case was referred to the Waukesha County district attorney who, like the other local prosecutors, declined to press charges. The Ethics Commission then referred the charges to Washington County, according to the complaint, where the local DA also did not prosecute.

That opens the door for the commission to refer the charges up to the state Department of Justice.

Brandtjen holds public office while fighting to prevent a public inquiry. Her suit should be dismissed, and the investigation should proceed. She is no private party; an honest public official would welcome public proceedings.

Jasper National Park:

Courts, Daily Bread, Law, Sen. Ron Johnson, Wisconsin

Daily Bread for 7.24.24: A Slight Break in Wiconsin’s Judicial Gridlock

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Good morning.

Wednesday in Whitewater will be partly cloudy with a high of 79. Sunrise is 5:39, and sunset is 8:23, for 14h 43m 26s of daytime. The moon is a waning gibbous with 86.8 percent of its visible disk illuminated.

On this day in 1935, the Dust Bowl heat wave reaches its peak, sending temperatures to 109 °F (43 °C) in Chicago and 104 °F (40 °C) in Milwaukee.

On this day in 1969, Apollo 11 splashes down safely in the Pacific Ocean.

Wisconsin has had a federal court vacancy for over two years, after Sen. Ron Johnson withdrew his bipartisan support (with Sen. Tammy Baldwin) for a prior nominee, William Pocan (brother of U.S. Rep. Mark Pocan). That time having been lost, Johnson has now agreed to support a new nominee, Byron Conway:

Earlier this month, both Republican U.S. Sen. Ron Johnson and Democratic U.S. Sen. Tammy Baldwin turned in what are known as “blue slips,” formalizing their support of President Joe Biden’s appointment of personal injury attorney Byron Conway to U.S. District Court in the Eastern District of Wisconsin. That’s significant because two years ago, Johnson blocked Biden’s previous pick from the judgeship from advancing to a hearing.

Conway’s nomination is set to receive a hearing before the Senate’s Judiciary Committee in “coming weeks,” a spokesperson for the committee’s Democratic majority said Monday. The process will not be affected by Biden’s announcement on Sunday, in which he pulled out of the race for another presidential term, the spokesperson said.

Johnson’s office did not respond Monday to a request for comment.

If Conway gets an OK from the judiciary committee, his nomination will then advance to the full Senate, where he’ll need majority approval before he can become a federal judge.

That’s significant because two years ago, Johnson blocked Biden’s previous pick from the judgeship from advancing to a hearing.

Ron Johnson. Photo by Gage Skidmore from Peoria, AZ, United States of America / (CC BY-SA)

There never should have been a delay, and Johnson’s claim he withdrew support from the prior nominee because of a lack of Green Bay ties (the judicial office for this judgeship is in Green Bay) is both trivial and false. It’s trivial because one correctly selects for the federal bench based on intellect, knowledge, and experience, not membership in local community groups. It’s false because Johnson’s blue-slip retraction was based not on Pocan’s abilities but on irrelevant, unrelated, or discriminatory considerations.

Judicial vacancies impede the timely administration of justice. The sooner the seat is filled, the better.

A hydrothermal explosion sent visitors running from the boardwalk as hot water and debris rained down in Yellowstone National Park:

Courts, Daily Bread, Law, Wisconsin

Daily Bread for 7.19.24: Update on ‘From Judicial Leak to Docket Entries’

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Good morning.

Friday in Whitewater will be sunny with a high of 78. Sunrise is 5:34 and sunset 8:27 for 14h 52m 45s of daytime. The moon is a waxing gibbous with 95.8 percent of its visible disk illuminated.

On this day in 1963, Joe Walker flies a North American X-15 to a record altitude of 106,010 meters (347,800 feet) on X-15 Flight 90. Exceeding an altitude of 100 km, this flight qualifies as a human spaceflight under international convention.

On July 3rd, FREE WHITEWATER published a post about the Wisconsin Supreme Court’s decision to take two abortion cases (after news that the court might take at least one case had leaked). See From Judicial Leak to Docket Entries. The Evers Administration filed on 7.17 to intervene in one of these cases (Planned Parenthood).

Henry Redman reports:

Attorney General Josh Kaul, who filed the first case in 2022, said in a statement that the Wisconsin Department of Justice is looking to intervene in the Planned Parenthood case to “help establish that the Wisconsin Constitution protects access to safe and legal abortion and does not permit the state legislature to ban nearly all abortions. The government should not be able to control critical reproductive health decisions.”

The filing argues that the state plaintiffs in the Kaul case should be allowed to intervene because the questions asked “are so closely connected that how each case is litigated or decided could directly impact the other.” It says the Kaul plaintiffs agree with the Planned Parenthood plaintiffs and want the chance to “fully argue why the Wisconsin Constitution would prohibit” a near-total abortion ban.

A link to the filing to intervene appears below:

Planned Parenthood_Intervention BriefDownload

Swathes of southern Europe bake as temperatures soar:


Courts, Daily Bread, Law, Recall, Speaker Vos, State Government

Daily Bread for 7.9.24: Vos’s Forever War

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Good morning.

Tuesday in Whitewater will be cloudy with a high of 80. Sunrise is 5:26 and sunset 8:34 for 15h 09m 03s of daytime. The moon is a waxing crescent with 13 percent of its visible disk illuminated.

Whitewater’s Public Works Committee meets at 5 PM.

On this day in 1943, the Allied invasion of Sicily begins, leading to the downfall of Mussolini and forcing Hitler to break off the Battle of Kursk.

Update, 7.10.24: Wisconsin judge rejects attempt to revive recall targeting top GOP lawmaker.

For Speaker Robin Vos, it’s a forever war with the conservative populists: Organizers of recall targeting a top Wisconsin Republican appeal to court. Scott Bauer reports:

MADISON, Wis. (AP) — Organizers of the effort to recall a top Wisconsin Republican have appealed the bipartisan state elections commission’s rejectionof their petitions in court.

Recall organizers filed their appeal in Dane County Circuit Court on Friday, a week after their effort to recall Assembly Speaker Robin Vos effort failed due to officials determining that not enough valid signatures were collected.

It will now be up to the court to decide whether organizers submitted enough valid signatures on time to force a recall election. If successful, Vos would only be removed from office for the remainder of the calendar year. He is running for another two-year term that would begin in January if he wins the November election.

The elections commission determined that signatures collected beyond the 60-day circulation window should not count. The filing deadline was extended by two days due to the Memorial Day holiday, but the commission said that deadline for collecting signatures was not also extended.

Such is Vos’s fate, forever. There’s no Wisconsin public position he could hold that would not meet with controversy from left, center, and right. This is where Vos’s twenty-year career in the Wisconsin Assembly has brought him.

See also Update: WEC Says Not Enough Signatures in the Correct Time for a Recall Against Vos.

KOENIGSEGG Jesko Absolut | 0-400-0 km/h:

Courts, Daily Bread, Elections, Law, Legislation, Legislature, Liberty, State Government, Tony Evers, Voting Rights, Wisconsin

Daily Bread for 7.5.24: Wisconsin Supreme Court Restores Absentee Ballot Boxes

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Good morning.

Friday in Whitewater will be partly sunny with a chance of scattered afternoon showers and a high of 76. Sunrise is 5:23 and sunset 8:35 for 15h 12m 21s of daytime. The moon is new with 0.2 percent of its visible disk illuminated.

On this day in 1687, Isaac Newton publishes Philosophiæ Naturalis Principia Mathematica.

On this day in 1832, General Atkinson and his troops entered the area known by the Native Americans as “trembling land” in their pursuit of Black Hawk:

The area was some 10 square miles and contained a large bog. Although the land appeared safe, it would undulate or tremble for yards when pressure was applied. Many of the militiamen were on horses, which plunged to their bellies in the swamp. The “trembling lands” forced Atkinson to retrace his steps back toward the Rock River, in the process losing days in his pursuit of Black Hawk.”On this day in 1832, General Atkinson and his troops entered the area known by the Native Americans as “trembling lands” in their pursuit of Black Hawk. The area was some 10 square miles and contained a large bog. Although the land appeared safe, it would undulate or tremble for yards when pressure was applied. Many of the militiamen were on horses, which plunged to their bellies in the swamp. The “trembling lands” forced Atkinson to retrace his steps back toward the Rock River, in the process losing days in his pursuit of Black Hawk.

Whitewater’s Independence Holiday celebration continues today at the Cravath Lakefront:

Christman Family Amusements Wrist Band Session: 5 PM to 9 PM
Civic Organization Food Vendors: 4 PM to 11 PM
Live Music at Frawley Ampitheater: 
Cactus Brothers 5 to 7 PM sponsored by TDS
Titan Fun Key (Whitewater band playing ‘70s rock, funk, and blues) 8 PM to 10:30 PM
Family Day Powered by Generac: Free petting zoo, pony rides, camel rides 4 to 8 PM 

This morning, the Wisconsin Supreme Court issued rulings restoring absentee ballot boxes (Priorities USA v. Wisconsin Elections Commission), holding unconstitutional specific statutes that placed the power of the executive branch to carry out the law in a committee of the legislature (Tony Evers v. Howard Marklein), and reversing a lower-court decision that allowed recommitment and involuntary medication without actual hearing notice to the subject individual (Waukesha County v. M.A.C.).

All three decisions appear below.

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Italy’s Mount Etna erupting at night:

Italy’s Mount Etna has erupted again, sending out spouts of lava into the night sky. Europe’s most active volcano has become a destination for tourists and volcano enthusiasts looking to catch a glimpse of its frequent activity.

Courts, Daily Bread, Law, Wisconsin

Daily Bread for 7.3.24: From Judicial Leak to Docket Entries

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Good morning.

Wednesday in Whitewater will be partly sunny with a high of 84. Sunrise is 5:22 and sunset 8:36 for 15h 14m 15s of daytime. The moon is a waning gibbous with 6.5 percent of its visible disk illuminated.

This day in 1863 sees the final day of fighting at Gettysburg:

July 3, 1863, is famous for Pickett’s Charge at Gettysburg, when 12,500 Confederate soldiers attacked the Union line. When Union generals were carried from the field wounded, their troops faltered and their line began to break. Lieutenant Frank Haskell of Madison rode into their midst, rallied them back to the fight, and then brought reinforcements that stopped the enemy attack. Iron Brigade General John Gibbon commented afterward, “I have always thought that to him, more than to any one man, are we indebted for the repulse of Lee’s assault.” It turned not only the tide of the battle but, through the Confederate defeat, the momentum of the war.

Whitewater’s Independence Holiday celebration — a signature event in our small & beautiful city, as in many American towns — begins this evening at the Cravath Lakefront:

Christman Family Amusements Wristband Session: 5-9 PM, $25 each wristband
Miss Whitewater Pageant at Frawley Ampitheater: 5 PM
Civic Organization Food Vendors: 5 to 11 PM
Karaoke at Frawley Ampitheater: 8 to 10 PM

On 6.27.24, this libertarian blogger remarked on the leak of a Wisconsin Supreme Court draft scheduling order about an abortion-related case. The leak was one of a few leaks of federal and state judicial proceedings on abortion cases. See A Judicial Leak Strikes Wisconsin (as It Has Elsewhere).

Yesterday, that reported leak from WisconsinWatch proved accurate: Henry Redman of the Wisconsin Examiner reports Wisconsin Supreme Court accepts abortion rights cases:

The Wisconsin Supreme Court on Tuesday ruled that it would hear two cases filed by Attorney General Josh Kaul and Planned Parenthood that will determine if Wisconsinites have a right to abortion care. 

The cases, accepted concurrently, ask if the state’s 1849 law widely seen as banning abortion actually does so and if abortion is a right protected by the state Constitution. 

Additionally, the Court ruled that it would not allow the state’s three largest anti-abortion groups to intervene in the lawsuits, finding that just having an interest in a hotly debated issue is not enough to clear the legal bar of joining a lawsuit as a non-party. The groups, Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin, will be allowed to file amicus briefs. 

“Merely propounding a general position on a topic of debate in society, lobbying for that position, or wishing to make legal arguments consistent with that position does not give them a legal claim or defense that is sufficient to support permissive intervention,” the Court’s order states. “Moreover, if we were to permit intervention by the Proposed Intervenors, there would be no logical distinction that would preclude intervention by all of the many other lobbying and education organizations on both sides of the abortion debate.” 

Conservative Justice Brian Hagedorn concurred with the decision to not allow the groups to intervene.

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Robots Are Stepping Into One of Asia’s Dirtiest Farm Jobs:

Courts, Daily Bread, Law, Recall, Speaker Vos, Wisconsin

Daily Bread for 6.28.24: Update: WEC Says Not Enough Signatures in the Correct Time for a Recall Against Vos

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Good morning.

Friday in Whitewater will see clouds and scattered showers with a high of 75. Sunrise is 5:19 and sunset 8:37 for 15h 17m 55s of daytime. The moon is a waning gibbous with 54 percent of its visible disk illuminated.

On this day in 1832, General Henry Atkinson and the Second Army begin their trip into the Wisconsin wilderness in a major effort against Black Hawk. The “Army of the Frontier” was formed of 400 U.S. Army Regulars and 2,100 volunteer militiamen to participate in the Black Hawk War. The troops were headed toward the Lake Koshkonong area where the main camp of the British Band was rumored to be located. 

On this day in 1950, the Korean People’s Army kills almost a thousand doctors, nurses, inpatient civilians, and wounded soldiers in the Seoul National University Hospital massacre.

With the help of a Wisconsin Elections Commission decision, Vos slips away from the rightwing recall effort against him. See from Wednesday Enough Signatures for a Recall Against Vos citing reporting from that time (“Perhaps there will be a recall against Speaker Robin Vos after all. Rich Kremer reports WEC staff: Vos recall organizers submitted enough signatures, but legal question remains“).

The WEC has made its decision, on a 4-2 vote:

For the second time this year, the Wisconsin Elections Commission has ruled conservative activists failed to gather enough valid signatures to recall Republican Assembly Speaker Robin Vos from office, this time finding that some of the signatures were collected after the legal deadline.

In a 4-2 vote, the commission found that 188 signatures were collected by the Racine Recall Committee outside of a 60-day window in state law. That’s despite a recommendation by  commission attorneys two days earlier saying recall organizers had collected enough signatures to force an election.

At issue were around 188 signatures collected on May 27, which was Memorial Day, and May 28. Because organizers gathered only 16 signatures more than required, subtracting 188 from that total sunk the petition.

The motion to deem the recall petition insufficient was made by Commissioner Don Millis, who was appointed to his seat by Vos in 2022.

Before the vote, Commissioner Mark Thomsen, a Democratic appointee, urged his colleagues to vote against Millis’ motion “that saves his guy,” insinuating that Millis was protecting Vos. Thomsen noted that some members of the recall effort “probably want to put us in prison” because of past decisions, but he said the Wisconsin Constitution gives them the right to recall officeholders.

“Personally, I think the recall is a waste of time, waste of money,” Thomsen said. “But there is a constitutional right for these folks and for us to say we are going to throw the sufficiency out now on this technical rule is going to be a farce.”

Rail bridge connecting South Dakota and Iowa collapses in record-breaking floodwaters: