Did the Conservative Wisconsin Supreme Court Just Doom Trump's Election Lawsuit?
On Thursday, the Wisconsin Supreme Court refused to take up President Donald Trump’s lawsuit regarding the 2020 election, ruling that the case must make its way up through lower courts, even though the state’s Electoral College electors are scheduled to cast their votes on December 14. The Trump campaign’s lead lawyer in Wisconsin, Jim Troupis, framed the decision as a qualified win. “We welcome the direction of the Supreme Court to file in Dane and Milwaukee Counties as we pursue making certain that only legal votes count in Wisconsin – and we will immediately do so,” Troupis said in a statement. “It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step. We fully expect to be back in front of the Supreme Court very soon.” “As I have said before, we will continue fighting on behalf of Wisconsinites and the American people to defend their right to a free and fair election. The only way to do that is by helping to restore integrity and transparency in our elections,” he added.
“As I have said before, we will continue fighting on behalf of Wisconsinites and the American people to defend their right to a free and fair election. The only way to do that is by helping to restore integrity and transparency in our elections,” he added. Trump asked the state’s Supreme Court to take the case directly, claiming there was not enough time for the case to work its way up to the Wisconsin Supreme Court before Dec. 14. While the court has a 4-3 conservative majority, Justice Brian Hagedorn joined with the court’s three liberals in denying the petition without weighing in on Trump’s allegations, the Associated Press reported. Hagedorn said the law was clear: the case had to start in a lower court. “We do well as a judicial body to abide by time-tested judicial norms, even — and maybe especially — in high profile cases,” he wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.” Chief Justice Patience Roggensack said in her dissent that she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the Supreme Court for a ruling.
In another dissent, conservative Justice Rebecca Bradley wrote that the court “forsakes its duty” by not determining whether elections officials complied with the law. She argued that inaction will undermine the public’s confidence in elections. “While some will either celebrate or decry the court’s inaction based upon the impact on their preferred candidate, the importance of this case transcends the results of this particular election,” Bradley wrote in a dissent joined by Roggensack and Justice Annette Ziegler. “The majority’s failure to act leaves an indelible stain on our most recent election.” Gov. Tony Evers (D-Wisc.), one of the defendants, naturally praised the decision. According to the AP, Trump’s lawsuit challenged procedures “that have been in place for years and never found to be illegal,” but the lawsuit claims those procedures are nonetheless in conflict with the clear stipulations of the law.
https://pjmedia.com/election/tyler-o-neil/2020/12/03/did-the-conservative-wisconsin-supreme-court-just-doom-trumps-election-lawsuit-n1189738