Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; . . .All cases. That is, where there is no treason, felony, or breach of the peace — a Wisconsin court of appeals has lately interpreted this provision to include "all crimes" — there can be no arrest.
Sure, the Senate may "compel" absent members; but the acts of compelling must stop somewhere short of arrest, as absenteeism is hardly treasonous, criminal, or in disturbance of the peace.
O! for the olden days,* when "judicial conservatives" purported to honor the plain text of the law, and counsel "restraint." Perhaps Prof. Rick is arguing for something other than arrest, but he doesn't say.
Custody by means of physical force sounds like an arrest to me.
Ultimately, Sen. Fitzgerald and his conservative private attorneys can formulate all of the rules and resolutions they like, but none of them may trump the constitution's commands where they conflict.
And they clearly do here. Pure partisan politics, is what this is.
Much worse, actually, as the memo suggests that Sen. Julie Lassa, who is pregnant, be "carried ... feet first" into the Senate chamber.
I shite you not, dear readers. Win that "PR war," boys.
* Like probably last week when it was otherwise convenient.
Earlier: If Republicans oppose frivolous lawsuits
Later: Scotts Walker & Fitz — By any farce necessary
Breaking: A Volokh conspirator has been appalled