Gableman drops 1st Amendment challenge

Well, this is kind of disappointing news, at least for those aficionados of recreational litigation:

Rather than proceed with a lawsuit against the Wisconsin Judicial Commission, Supreme Court Justice Michael J. Gableman and his attorneys will save their arguments for a three-judge panel which will review allegations of misconduct against the justice.

In a response to the WJC’s request to dismiss the countersuit, attorneys for Gableman agreed to abandon the claim without prejudice on Jan. 5, but maintained his objection that the proceedings violate First Amendment rights.

Gableman reportedly had until Jan. 5 to refile his formal constitutional challenge against a provision of the Wisconsin Supreme Court Rules after it was dismissed last month.

Of course he'll still be maintaining that the provision doesn't apply to him; he's just abandoning his broader argument that it doesn't apply to anyone else either. And, still no hearing scheduled.

Speaking of Gableman (& Co.), here's a pretty sharp editorial in the Green Bay Press-Gazette this morning.