Wisconsin Supreme Court Chief Justice Shirley Abrahamson hit a speed bump on her way to justice yesterday...
Channel 3000
A federal judge has denied Wisconsin Supreme Court Chief Justice Shirley Abrahamson's request for a temporary restraining order blocking enforcement of a constitutional amendment that could lead to her being demoted.
U.S. District Judge James Peterson issued the order on Thursday.
Like I said, this is just a speedbump...
Green Bay Press Gazette
Peterson ruled that Abrahamson did not show why he should take the extraordinary step of blocking the law before he hears from the defendants. Peterson also noted that the vote to approve the amendment won't be certified by state election officials until April 29, negating the need for emergency action now.
However, he did allow for Abrahamson to renew her motion "if new evidence shows the need for it."Peterson set a hearing on the case for April 21 and promised a "prompt resolution."
Abrahamson's attorney, Robert Peck at the Center for Constitutional Litigation in Washington, noted that the judge was not ruling on the merits of the lawsuit."
He wants to make sure he hears from both sides," Peck said. "We still feel very good about our legal position."
This story has just begun, and it will likely be quite awhile before it's over.
More below the fold....
WUWM:
(Marquette University Law Professor Peter) Rofes predicts she has about a 50 percent chance of prevailing in her case, although it could take a while.“
I think we’re in for at least two rounds: a trial court decision and an appeal to the United States Court of Appeals for the Seventh Circuit. For all we know it’s possible it could go beyond that to the nation’s highest court. If so, I think we may be talking a good three or four years,” Rofes says.
A handful of private citizens have also signed on to the lawsuit. They claim they helped elect Abrahamson to another ten year term on the court in 2009 with the understanding they were also voting for her to be the Chief Justice.
Comprehensive analysis of the assault upon Wisconsin's Judiciary can be found at
Alliance for Justice and
Huffington Post; or my previous diaries on this subject,
here,
here,
here,
here, and
here; and some the backstory
here and
here.
Alliance for Justice's full report can be found here. (pdf)