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midnight

(26,624 posts)
Tue Oct 7, 2014, 06:27 PM Oct 2014

WMC Drafted Weak Recusal Rules, But Due Process Could Require Justices Step Aside

"In 2010, the Wisconsin Supreme Court's four-justice conservative majority voted to adopt new rules stating that the fact of a campaign contribution alone would not require recusal -- but the rules were literally written by none other than WMC, as well as the Wisconsin Realtors Association, which gave over $1 million to Wisconsin Club for Growth in its 2010-2011 fiscal year.

In other words, WMC wrote the rules requiring that the justices WMC has elected not recuse in a case involving WMC's election activities.

The fact that WMC wrote the recusal rules "increase[s] the likelihood that a reasonable person would reasonably doubt the impartiality of several of the justices in considering charges against their supporters," Menendez says."

"Yet, the Wisconsin Supreme Court's WMC-drafted rules may not be the final word on the matter. The level of spending by the groups in this case -- and their direct stake in the outcome -- could demand recusal under the U.S. Constitution, following the 2009 U.S. Supreme Court decision in Caperton v. Massey."

- See more at: http://www.prwatch.org/news/2014/10/12617/justices-walker-criminal-probe-face-conflict-interest#sthash.588hHuVR.dpuf

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WMC Drafted Weak Recusal Rules, But Due Process Could Require Justices Step Aside (Original Post) midnight Oct 2014 OP
Caperton v. Massey was very close in the SC--5:4, with Kennedy breaking ranks: Jackpine Radical Oct 2014 #1
The WMC is pure evil. Scuba Oct 2014 #2

Jackpine Radical

(45,274 posts)
1. Caperton v. Massey was very close in the SC--5:4, with Kennedy breaking ranks:
Tue Oct 7, 2014, 06:38 PM
Oct 2014

Justice Anthony M. Kennedy wrote for the majority, joined by Justices Stevens, Souter, Ginsburg, and Breyer. Chief Justice John G. Roberts wrote the dissent and was joined by Justices Scalia, Thomas, and Alito. Justice Scalia also filed a separate dissenting opinion.

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