Michigan & Wisconsin Undoing Democracy/Lame Ducks

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Michigan & Wisconsin Undoing Democracy/Lame Ducks

#1

Post by Addie » Sat Dec 08, 2018 11:07 am

Thread title changed

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Politico
GOP power grabs pour gas on 'resistance' in key Midwest states

Republican legislators in Wisconsin and Michigan have reignited Democratic energy since the midterms in two narrow Trump states.


Republican efforts to weaken incoming Democratic governors in Michigan and Wisconsin have reignited the grass-roots fervor that flipped both states in November, turning the typically sleepy post-election period into a key organizing moment ahead of the 2020 presidential election.

Liberal groups in both states are organizing demonstrations filling the capitols in both states to oppose GOP legislators stripping power from the governor’s offices before new Democratic governors take their posts. Local chapters of Indivisible, the national “resistance” group founded after President Donald Trump’s 2016 win, reactivated their members weeks after the election to protest the legislation, while MoveOn.org has texted members in key Wisconsin state Senate districts urging them to contact Republican politicians to complain. And Wisconsin Gov.-elect Tony Evers and the Wisconsin Democratic Party have raked in money with online fundraising appeals highlighting the fight over the past two weeks.

The burst of activity comes as most political groups and activists around the country enjoy a hibernation period after November victories. But liberal leaders in Wisconsin noted that the renewed energy could carry Democrats into important off-year elections in 2019 — and set the stage for efforts to win both states in the 2020 presidential election, after Trump picked off both longtime Democratic states two years ago.

The furor is a “great bridge for the energy from the midterm into Trump reelect,” said Tom Russell, a veteran Democratic strategist in Wisconsin. “I think it’s going to be a very good tool for Democrats to keep the energy up, keep people focused, keep people engaged.”



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Re: Michigan & Wisconsin Undoing Democracy

#2

Post by Tiredretiredlawyer » Sat Dec 08, 2018 1:30 pm

The laws limiting the Wisconsin Secretary of State and Governor will likely be deemed unconstitutional. These are constitutional officers whose duties are stated in the state constitution. I read somewherz on the intertubes that Wisconsin had tried something similar in the past and it had been declared unconstitutional in a federal court.

An interesting question is whether these legislators have notice and knowledge that their votes are unconstitutional, thus preventing them from claiming legislative immunity. I would love to see each one of them sued individually and embroiled in many fund depleting lawsuits.


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Re: Michigan & Wisconsin Undoing Democracy

#3

Post by Sam the Centipede » Sat Dec 08, 2018 9:43 pm

Tiredretiredlawyer wrote:
Sat Dec 08, 2018 1:30 pm
I read somewherz on the intertubes that Wisconsin had tried something similar in the past and it had been declared unconstitutional in a federal court.
Un-US-constitutional or un-state-constitutional? I assume (in my IANASC ignorance) that the state's own Supreme Court is the usual arbiter of constitutionality of state legislation, but disputes about state-constitutionality can go to federal court, can they?



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Re: Michigan & Wisconsin Undoing Democracy

#4

Post by much ado » Sat Dec 08, 2018 9:56 pm

Sam the Centipede wrote:
Sat Dec 08, 2018 9:43 pm
Tiredretiredlawyer wrote:
Sat Dec 08, 2018 1:30 pm
I read somewherz on the intertubes that Wisconsin had tried something similar in the past and it had been declared unconstitutional in a federal court.
Un-US-constitutional or un-state-constitutional? I assume (in my IANASC ignorance) that the state's own Supreme Court is the usual arbiter of constitutionality of state legislation, but disputes about state-constitutionality can go to federal court, can they?
Well IANAL, but a federal court would be ruling on the federal constitutionality of the state legislation.



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Re: Michigan & Wisconsin Undoing Democracy

#5

Post by Notorial Dissent » Sat Dec 08, 2018 10:39 pm

much ado wrote:
Sat Dec 08, 2018 9:56 pm
Sam the Centipede wrote:
Sat Dec 08, 2018 9:43 pm
Tiredretiredlawyer wrote:
Sat Dec 08, 2018 1:30 pm
I read somewherz on the intertubes that Wisconsin had tried something similar in the past and it had been declared unconstitutional in a federal court.
Un-US-constitutional or un-state-constitutional? I assume (in my IANASC ignorance) that the state's own Supreme Court is the usual arbiter of constitutionality of state legislation, but disputes about state-constitutionality can go to federal court, can they?
Well IANAL, but a federal court would be ruling on the federal constitutionality of the state legislation.
If it ended up in Fed court, there would be two issues, were the laws constitution under the state constitution and were they constitutional under the US constitution?


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Michigan & Wisconsin Undoing Democracy

#6

Post by Tiredretiredlawyer » Sun Dec 09, 2018 8:45 am

The statutes can be declared unconstitutional under both state and the U.S. Constitution in a federal or state court. The federal court would be preferable if the highest court in Wisconsin is composed of Republicans who agree with the legislators.

This is definitely a separation of powers issue.


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Re: Michigan & Wisconsin Undoing Democracy

#7

Post by Notorial Dissent » Sun Dec 09, 2018 8:50 am

Tiredretiredlawyer wrote:
Sun Dec 09, 2018 8:45 am
The statutes can be declared unconstitutional under both state and the U.S. Constitution in a federal or state court. The federal court would be preferable if the highest court in Wisconsin is composed of Republicans who agree with the legislators.

This is definitely a separation of powers issue.
I got the impression from some of the news commentary that there is some serious issue with one or both of their Supreme Courts, so it may well end up in Fed court.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Michigan & Wisconsin Undoing Democracy

#8

Post by Addie » Sun Dec 09, 2018 11:29 am

The Guardian OpEd - Russ Feingold
Republicans are undermining democracy state by state

As Michigan and Wisconsin pass bills stripping newly elected Democrats of power, we need legislative solutions to show the country it’s not business as usual



What Republican legislators just did in Wisconsin – passing bills to strip key powers from the governor-elect, Tony Evers, and other newly elected Democratic officials – is a total betrayal of the people of Wisconsin and our nation’s democratic ideals.

Michigan is passing a similar set of bills and North Carolina Republicans are accused of paying someone to steal absentee ballots and commit election fraud for a US House candidate. In Ohio, other undemocratic efforts are under way. It seems that Republicans officials nationwide from Donald Trump to Mitch McConnell and right down the line don’t have a problem assaulting our democracy if it means holding onto their power.

This is not how democracy works, and these maneuvers in Wisconsin, Michigan, Ohio and North Carolina are not just power grabs. They are deliberate efforts to undermine democracy and our faith in it. And these efforts are getting more brazen and desperate every year.

I am enraged and, frankly, sick of the shenanigans. ...

That’s why the group I have founded, Legit Action, is joining with like-minded groups like Common Cause and Daily Kos to support the House Democrats’ first legislative priority for next year, HR 1 – a vital set of pro-democracy safeguards that includes many much needed fixes authored by reformers such as Democratic representative John Sarbanes of Maryland. After what happened in Wisconsin, and what’s still happening elsewhere, there’s no time to waste in spreading the word about this effort.



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Re: Michigan & Wisconsin Undoing Democracy

#9

Post by Dolly » Sun Dec 09, 2018 11:58 am

Incoming Wisconsin governor open to 'all options' to respond to GOP legislation limiting his power

Wisconsin Gov.-elect Tony Evers (D) said Sunday he's considering "all options" to push back against efforts from state Republicans to limit his power before he takes office, including a potential lawsuit.

"I’m not making any promises one way or another but we’re looking at all options at the table," Evers said on "Meet the Press."

"I need to stand up for the people of Wisconsin," he continued. "There’s 2.6 million people that voted in this last election and they expect me to do that. So we’re going to pursue this."

Evers, who narrowly defeated Gov. Scott Walker (R) in last month's election, said he spoke with the governor over the phone to urge him to veto legislation from state Republicans meant to limit the power of the incoming Democratic state officials.

Walker was "non-committal," Evers said, but has publicly indicated he will sign the legislation that Democrats have decried as a lame-duck power grab.
..................
After an all-night session on Wednesday, the state Senate narrowly passed several bills limiting the power of Evers and Attorney General-elect Josh Kaul (D), and curtailing early voting. The state Assembly passed the same bills early Wednesday morning.

Protesters shouted and booed at lawmakers in the chambers of the state legislature as they prepared to vote on the measures.

Republicans framed the votes as a way to protect Walker’s legacy, particularly relating to limits on public employee unions and work requirements for certain government programs.
https://thehill.com/homenews/sunday-tal ... ond-to-gop

tweet / video in the article
Meet the Press ✔
@MeetThePress
WATCH: Governor-Elect Tony Evers (D-Wisc.) discusses possible litigation if Gov. Scott Walker signs legislation to limit his power. @GovElectEvers: "I need to stand up for the people of Wisconsin." #MTP

6:57 AM - Dec 9, 2018
► Show Spoiler


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Re: Michigan & Wisconsin Undoing Democracy

#10

Post by Addie » Mon Dec 10, 2018 10:36 am

New York Times OpEd - David Leonhardt
The Corporate Donors Behind a Republican Power Grab

Walgreens and other major companies are key supporters of the Wisconsin legislators now trying to undermine democracy.


Walgreens portrays itself as the friendly neighborhood drugstore. It gives flu shots to children, helps communities after storms, donates to charity — and makes feel-good advertisements trumpeting its various good deeds.

But Walgreens also has a tougher side, one you won’t see in those ads. To protect a tax break, the company has allied itself with Wisconsin’s brutally partisan Republican Party. That party is now in the midst of a power grab, stripping authority from Wisconsin’s governor and attorney general solely because Republicans lost those offices last month. The power grab comes after years of extreme gerrymandering, which lets Republicans dominate the legislature despite Wisconsin being a closely divided state.

Wisconsin’s Republicans really are trying to undo democracy. When I asked Steven Levitsky and Daniel Ziblatt — the political scientists who wrote the recent book “How Democracies Die” — about the situation, they agreed that the Wisconsin power grab was the sort of move their book describes. If it continues, it can lead to the breakdown of a political system.

So you might think that an organization that claims to care about community values would speak up. But Walgreens has not. Neither have other corporate supporters of Wisconsin Republicans, like Microsoft, Dr Pepper Snapple, J.P. Morgan Chase or Humana. It’s yet another example — alongside soaring C.E.O. pay and stagnant worker wages — of corporations abdicating the leadership role they once played in America.
Adding:
NPR: Political Moves In Wisconsin And Michigan Reminiscent Of Marbury Vs. Madison Debate



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Re: Michigan & Wisconsin Undoing Democracy

#11

Post by Addie » Mon Dec 10, 2018 10:44 am

WaPo - EJ Dionne Jr.
Are Republicans abandoning democracy? ...

In case after case, Republicans have demonstrated an eagerness to undercut democracy and tilt the rules of the game if doing so serves their ideological interests. The quiet coup by the GOP-controlled legislature in Wisconsin is designed to defy the voters’ wishes. It reflects an abandonment of the disciplines that self-government requires.

In November, Wisconsin’s electorate ended eight years of Republican dominance in state government by choosing Democrats Tony Evers as governor and Josh Kaul as attorney general. Democrats also won races for secretary of state and state treasurer.

There was nothing unnatural about this. Voters often tire of one party and decide to try the other side. It’s the beautiful thing about constitutional democracies: There are no final victories, so there are no final defeats. We all agree to rules that apply uniformly whether those we favor win or lose because this protects our right to fight another day and perhaps prevail the next time.

Not so the Republicans in Wisconsin. Having lost the governorship, they’re using a lame-duck session of the legislature to strip Evers of many powers they were perfectly content to see Republican Gov. Scott Walker exercise. Why are they doing this now? Because Walker, who was defeated by Evers, is still in office to sign their bills.

Among other things, the legislation would stop Evers from taking control of a state economic development agency that the Democrat has pledged to abolish, and it would make it harder for him to overturn restrictions Walker imposed on social benefits. It would also limit early voting (which helped the Democrats win by expanding turnout). For good measure, the legislature wants to prevent Kaul from withdrawing the state from a lawsuit against the Affordable Care Act — even though that’s exactly what Kaul told voters he would do.
Adding:
BuzzFeed News OpEd: We're Seeing What Happens When Republicans Rule Without Popular Support

The Republican modus operandi has become clear: If you can’t win elections, rig them. If the rules say you can’t do something, change the rules.
HuffPo: Republicans Around The Country Are Working To Declare Democrats Unconstitutional

The lame-duck power grabs in Wisconsin, Michigan and North Carolina are part of a larger effort by Republicans to delegitimize any opponent.



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Re: Michigan & Wisconsin Undoing Democracy

#12

Post by Addie » Tue Dec 11, 2018 6:05 am

MLive
Carolers call out Republican lame-duck efforts outside Snyder condo



Activists sang protest carols to the tune of popular holiday songs outside Gov. Rick Snyder’s Ann Arbor condominium Monday evening.

It didn’t appear the outgoing governor was in his downtown Ann Arbor home, which sits above boutique jewelry, home decor and craft stores.

“Lame ducks passing bills in haste; overturn the people’s vote,” the group of nearly 30 people organized by the A2 Light Brigade sang harmoniously to the tune of “Gloria in Excelsis Deo."

Some blew on duck-calls while others wore an illuminated sign that read “veto lame ducks." ...

Before Gretchen Whitmer picks up her veto pen in January, Republicans in the state legislature have been attempting to amend several voter-passed initiatives to curb gerrymandering, reduce voting restrictions and legalize recreational marijuana.



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Re: Michigan & Wisconsin Undoing Democracy

#13

Post by Addie » Wed Dec 12, 2018 2:10 pm

HuffPo
Wisconsin And Michigan Activists Are Resisting GOP Power Grabs Pretty Much On Their Own

And for the most part, they're OK with that.


Hundreds of progressive Michigan activists plan to mount a rally at the state Capitol in Lansing on Wednesday against efforts to undermine the authority of incoming statewide Democratic elected officials, weaken public-sector unions and do an end-run around popular policies on the minimum wage and paid sick leave.

Among those not expected to attend? Gov.-elect Gretchen Whitmer, the state’s most prominent Democrat and arguably the person with the most at stake in Republican deliberations.

Whitmer has denounced Republican lawmakers’ attempts at a lame-duck power grab and warned of the political consequences for Republicans.

But as Wednesday’s rally reflects, she and other party leaders have been content to let rank-and-file activists ― from organized labor as well as from Indivisible and other Resistance groups ― do the heavy lifting.

Asked about Whitmer’s plan of action against the lame-duck GOP lawmakers, Whitmer spokeswoman Clare Liening referred HuffPost to Whitmer’s Dec. 4 statement blasting Republican lawmakers’ “incivility and discord.” Whitmer is in regular contact with a “broad array of stakeholders” in the lame-duck fight, Liening added in a follow-up exchange.



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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#14

Post by Dolly » Fri Dec 14, 2018 1:50 pm

12/13/18 02:30 PM EST
Walker pens Facebook post defending lame-duck legislation undermining incoming Dem governor

Outgoing Republican Wisconsin Gov. Scott Walker took to Facebook on Tuesday to defend several controversial measures the GOP-held legislature passed last week that curb the power of the incoming Democratic governor.

Former Wisconsin Gov. Scott McCallum (R) is among those who has called on Walker to reject some of the measures. Gov.-elect Tony Evers (D) says the bills are meant to circumvent “the will of the people.”

In Walker’s Facebook post, he says he has not decided if he will sign the bills.

“Let’s set the record straight — the new governor will still have some of the strongest powers of any governor in the nation if these bills become law,” Walker wrote.

Walker says in his post that Evers would maintain veto power and have “some of the broadest line-item veto authority of any governor in the nation.”

He walks through the “criteria” he will use when deciding whether or not to sign the legislation brought before him.
<snip>
https://thehill.com/homenews/state-watc ... egislation


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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#15

Post by Dolly » Fri Dec 14, 2018 1:54 pm

12/14/18 01:40 PM EST

Walker signs bills to weaken Dem successor in Wisconsin

Wisconsin Gov. Scott Walker (R) on Friday signed a package of legislation that will take powers away from his Democratic successor and the state’s incoming Democratic attorney general.

Walker signed legislation that would limit the next governor’s authority to withdraw the state from a lawsuit challenging ObamaCare. Another bill gives the legislature control of the state’s economic development authority, and a third would give the legislature the authority to hire its own attorneys to defend state laws.
..........
Walker also signed a measure that would limiting Wisconsin early voting to two weeks before Election Day. Some counties in Wisconsin, especially Democratic bastions such as Milwaukee and Dane County, hold early voting days for longer than two weeks.

“These bills don’t fundamentally change the power not just of the next governor but any governor thereafter,” Walker said at a press conference in Green Bay. <SNIP>
https://thehill.com/homenews/state-watc ... -wisconsin


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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#16

Post by Addie » Fri Dec 14, 2018 9:53 pm

Politico
Liberal groups move to sue after Walker signs lame-duck bills in Wisconsin

Two liberal groups announced that they will take legal action in response to Wisconsin Republican Gov. Scott Walker's decision to sign legislation limiting the powers of Democratic Gov.-elect Tony Evers.

The One Wisconsin Institute, supported by the National Redistricting Foundation, said Friday afternoon that lawsuits would be coming after Walker signed the bills.

“This is a shameful attack on our democracy by politicians who will do anything to hold onto power,” former Attorney General Eric Holder said in a statement from the National Redistricting Foundation. “After losing an election, Republicans in the state legislature are using their gerrymandered majorities and their defeated governor to ignore the will of the people. Their actions are grossly partisan, deeply undemocratic, and an attack on voting rights. They must not stand.”

Democrats have protested furiously since Republican state legislators started considering the legislation, which will restrict early voting periods in Wisconsin as well as limiting Evers' appointment power and shielding certain GOP policies from change.



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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#17

Post by Suranis » Sun Dec 16, 2018 10:02 am

Image


Irony can be pretty ironic sometimes.

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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#18

Post by RTH10260 » Sun Dec 16, 2018 10:58 am

Suranis wrote:
Sun Dec 16, 2018 10:02 am
Nice to show that the Walker and the Evers state administrations will have each their separate powers (prior respective after this term ends and the next term starts) that will not overlapped, eg be equal. Now let's see within all those same named entities what the power differences are.



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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#19

Post by Tiredretiredlawyer » Sun Dec 16, 2018 11:08 am

RTH10260 wrote:
Sun Dec 16, 2018 10:58 am
Suranis wrote:
Sun Dec 16, 2018 10:02 am
Nice to show that the Walker and the Evers state administrations will have each their separate powers (prior respective after this term ends and the next term starts) that will not overlapped, eg be equal. Now let's see within all those same named entities what the power differences are.
I feel SO much better! :sick:


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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#20

Post by pipistrelle » Sun Dec 16, 2018 11:28 am

Assuming we're all idiots?



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Re: Michigan & Wisconsin Undoing Democracy/Lame Ducks

#21

Post by Slim Cognito » Sun Dec 16, 2018 12:46 pm

I'm no expert on graphs, but I don't think that's how Venn diagrams work.


ImageImageImage x4

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