March 2, 2011

If Republicans oppose frivolous lawsuits

Update: Frivolity in Oconto — That didn't take long

Then why does the chair of the Oconto County GOP expect a circuit court judge to stand in for the Wisconsin Senate sergeant-at-arms?

Senator sued over budget tactic —

It's also uncharacteristic for a conservative to demand that the judiciary insinuate itself into the legislature's business in a case where the Senate has not yet exhausted its own authority to return the named defendant, State Sen. Jim Holperin, to the chamber.

The GOP chair's lawsuit may be seeking to apply pressure to Sen. Holperin, but that's not necessarily a good thing because filing suits for reasons like that is the very essence of frivolousness.

However, if the Republican chairman's suit somehow manages to survive a motion to dismiss, it will be interesting to see the plaintiff expand on his argument that Sen. Holperin's continuing absence discourages tourists from visiting Oconto County, in that Holperin's "fleeing the State" creates a negative impression on vacationers.

If I was a Republican snowmobiler, I might see that as a plus.

Speaking of tourism, come visit the tropical paradise of Madison.

Barthel v. Holperin (.pdf; 12 pgs.)

eta 1: Both the Milwaukee Journal-Sentinel and are referring to Mr. Barthel as "a Lakewood man," which is true, but his status as a Republican party official seems more significant than his hometown, particularly where a number of Barthel's allegations are lifted straight out of Republican Governor Scott Walker's playbook.

eta 2: A report on the Senate leadership's ongoing efforts to "compel" the return of the 14 Democrats. No judge is likely to step in and interfere with those efforts. The State constitution both authorizes that body's rulemaking and mitigates against judicial intervention.

eta 3: "The court action is partly funded by Wisconsin Club for Growth [a.k.a. Koch Industries], which is advised by R.J. Johnson, who worked as a political strategist for Walker's campaign."

Is this really what the courts are for?

1 comment:

Anonymous said...

"is this what are courts are for"?

I for one oppose court meddling in public policy issues. It is the Governor and Legislature that must determined what it will be.

The policies of the judicial branch has led to the public having little confidence in the courts being fair and impartial.

It could be very explosive if they get involved in issues that will determine what type of goverment we will have.