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Litigation

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

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

Daily Bread for 5.28.24: Wisconsin’s Act 10 Collective Bargaining Restrictions Back in Court

Good morning.

Tuesday in Whitewater will be partly sunny with a high of 68. Sunrise is 5:20 and sunset 8:24 for 15h 04m 02s of daytime. The moon is a waning gibbous with 73.53 percent of its visible disk illuminated.

The Whitewater School Board goes into closed session shortly after 5 PM and returns to open session at 7 PM. Whitewater’s Finance Committee meets at 5 PM and the Whitewater Common Council at 6:30 PM.

On this day in 1837, the first steamer to visit Milwaukee, the James Madison, arrives.

On this day in 1987, an 18-year-old West German pilot, Mathias Rust, evades Soviet air defenses and lands a private plane in Red Square in Moscow.


Scott Bauer reports Wisconsin judge to hear union lawsuit against collective bargaining restrictions (‘A Wisconsin judge is expected to weigh a union lawsuit against collective bargaining restrictions’):

A law that drew massive protests and made Wisconsin the center of a national fight over union rights is back in court on Tuesday, facing a new challenge from teachers and public workers brought after the state’s Supreme Court flipped to liberal control.

The 2011 law, known as Act 10, imposed a near-total ban on collective bargaining for most public employees. It has withstood numerous legal challenges and was the signature legislative achievement of former Republican Gov. Scott Walker, who used it to mount a presidential run.

The law catapulted Walker onto the national stage, sparked an unsuccessful recall campaign, and laid the groundwork for his failed 2016 presidential bid. It also led to a dramatic decrease in union membership across the state.

If the latest lawsuit succeeds, all public sector workers who lost their collective bargaining power would have it restored. They would be treated the same as the police, firefighter and other public safety unions who remain exempt.

No one should be surprised. From conservatives nationally in federal courts and the center-left statewide in Wisconsin courts, re-litigation has become the order of the day.


X2.9 flare. Sunspot AR3664 returns with major eruption, spits fire:

Daily Bread for 4.30.24: Another Product of Wisconsin’s Cottage Industry in Election Conspiracists

Good morning.

Tuesday in Whitewater will be sunny with a high of 72. Sunrise is 5:48 and sunset 7:55 for 14h 07m 21s of daytime. The moon is a waning gibbous with 60.2 percent of its visible disk illuminated.

On this day in 1789, on the balcony of Federal Hall on Wall Street in New York City, George Washington takes the oath of office to become the first President of the United States.


One person can make a difference, for good or ill. For ill (where ill means filing lawsuits with bogus allegations of fraud), one such person would be Peter Bernegger. Alice Herman reports How one Wisconsin man plagued election offices and stoked mistrust (‘Peter Bernegger has brought at least 18 lawsuits against election clerks and offices over alleged fraud – now he faces criminal charges’):

Peter Bernegger has spent the last three and a half years bombarding local election offices in Wisconsin with litigation and accusations of fraud. He’s brought at least 18 lawsuits against election clerks and offices in state court, and on social media, he has relentlessly promoted his litigation and circulated false claims about election fraud in the swing state.

His campaign has recently landed him in legal trouble – Bernegger now faces criminal charges for allegedly falsifying a subpoena in connection with a lawsuit against the state’s top election office.

It’s an escalation for the 61-year-old activist from New London, Wisconsin, who according to court documents, interviews with election officials and emails obtained by the Guardian, has drained election offices of already-limited resources and stoked mistrust in the electoral process in his years-long quest to uncover election fraud.

In the universe of activists who dispute the results of the 2020 election and have spent years searching for evidence of widespread voter fraud, Bernegger’s star power is small. He has not served on a Trump campaign team, no high-powered conservative law firms have taken on his cases and his media appearances are mostly relegated to interviews with fringe podcasts on the rightwing YouTube alternative Rumble.

But his efforts prove that in a country where election offices are chronically underfunded and heavily scrutinized, a single, relatively unknown person can exercise an outsize, and detrimental, impact on election administration.

In response to a request for comment, Bernegger did not address the claims raised in this article except to call them “false and misleading” and potentially defamatory.

A few people have spent a great deal of time pushing election conspiracies in this state (Michael Gableman most infamously), that, as a consequence, have taken up a lot of others’ time. Bernegger is one of them.


3 zebras captured, 1 loose after escaping trailer in Washington State along I-90:

Daily Bread for 3.20.24: A Legal (and Free Market) Victory Against the National Association of Realtors®

 Good morning.

The first full day of Spring in Whitewater will be sunny with a high of 40. Sunrise is 6:55 and sunset 7:08 for 12h 13m 11s of daytime. The moon is a waxing gibbous with 81.3 percent of its visible disk illuminated.

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

On this day in 1815, after escaping from Elba, Napoleon enters Paris with a regular army of 140,000 and a volunteer force of around 200,000, beginning his “Hundred Days” rule.


 

For generations, the National Association of Realtors® has controlled (as though it were part monopoly, part cartel) the process of buying and selling homes. That control has now come to an end with much of the credit going to a personal injury lawyer in Missouri and his five clients. 

The end of the Association’s stranglehold on the housing market is a legal victory that’s brought about a free-market victory for buyers and sellers. See Powerful Realtor Group Agrees to Slash Commissions to Settle Lawsuits (‘The National Association of Realtors will pay $418 million in damages and will amend several rules that housing experts say will drive down housing costs’) and Five Ways Buying and Selling a House Could Change (‘The National Association of Realtors has agreed to change its policies to settle several lawsuits brought by home sellers — a move that could reduce commissions’). 

These changes won’t solve housing shortages in Whitewater or other small towns, but they will benefit buyers and sellers across the nation in reduced commissions. (America has had among the highest commission fees in all the developed world.)

Well, done, Missouri attorney Michael Ketchmark and clients. You’ve helped all the nation end entrenched, expensive, anti-competitive practices. 


Notre Dame Cathedral could reopen at the end of 2024 as new spire emerges:

Daily Bread for 9.4.22: Wisconsin Lawyers Under Fire for Efforts to Overturn the 2020 Election

Good morning. Sunday in Whitewater will see a mix of clouds and sunshine with high of 70. Sunrise is 6:23 AM and sunset 7:23 PM for 12h 59m 32s of daytime.  The moon is a waxing gibbous with 59.4% of its visible disk illuminated.  On this day in 476, Romulus Augustulus is deposed when Odoacer proclaims…

Daily Bread for 8.9.22: The Alex Jones Verdict

Good morning. Tuesday in Whitewater will be mostly sunny with a high of 77. Sunrise is 5:55 AM and sunset 8:04 PM for 14h 08m 55s of daytime.  The moon is a waxing gibbous with 90.4% of its visible disk illuminated.   Whitewater’s Public Works Committee meets at 6 PM.   On this day in 1974, as a direct…

Daily Bread for 6.12.22: What Depp v. Heard May Mean for #MeToo

Good morning. Sunday in Whitewater will be partly sunny with a high of 74. Sunrise is 5:15 AM and sunset 8:34 PM for 15h 18m 18s of daytime.  The moon is a waxing gibbous with 94.5% of its visible disk illuminated. On this day in 1899, the New Richmond Tornado devastates that small Wisconsin community: On…

Daily Bread for 10.15.21: From UW-Whitewater’s Administration, Too Many and Too Few Words

Good morning. Friday in Whitewater will be cloudy with a high of 55.  Sunrise is 7:09 AM and sunset 6:11 PM for 11h 01m 35s of daytime.  The moon is a waxing gibbous with 74.4% of its visible disk illuminated.  On this day in 1956, FORTRAN, the first modern computer language, is first shared with the…

Daily Bread for 10.12.21: Parent of sick student sues after Waukesha School District ends many pandemic mitigation efforts

Good morning. Tuesday in Whitewater will be partly sunny with a high of 69.  Sunrise is 7:06 AM and sunset 6:16 PM for 11h 10m 01s of daytime.  The moon is a waxing crescent with 42.1% of its visible disk illuminated.  Whitewater’s Finance Committee meets at 4:30 PM, and the city’s Public Works Committee meets at…

Daily Bread for 10.8.21: Ex-student Stephanie Vander Pas sues for failure of UW-Whitewater to protect her and others from sexual harassment by former chancellor’s husband

Good morning. Friday in Whitewater will see scattered showers with a high of 72.  Sunrise is 7:01 AM and sunset 6:22 PM for 11h 21m 22s of daytime.  The moon is a waxing crescent with 5.6% of its visible disk illuminated.  On this day in 1871, fire destroys Peshtigo, Wisconsin: Peshtigo, Wisconsin was devastated by a…

Private Developer Sues Foxconn, Others Over Failure to Build as Promised

Richard Torres reports Lawsuit says Foxconn’s failure to create a high-tech screen plant cost local governments hundreds of millions of dollars: Foxconn Technology Group is in breach of contract for failing to construct a high-tech screen plant in Mount Pleasant, while local governments spent hundreds of millions of dollars to prepare for the project, according to…