June 15, 2009

The Xoff Files

I'm not sure I entirely agree with my friend Bill Christofferson on the anticipated application of Caperton v. Massey here in Wisconsin, but I do think he can claim a measure of vindication after having been termed "almost universally wrong" by a Marquette law professor:
Let's just say that Ziegler, Gableman, and Wisconsin Manufacturers & Commerce are going to be under intense scrutiny, and it is not at all unlikely that one or both of them will sit out some cases WMC put them there to decide.
I can certainly stipulate to that, especially the intense scrutiny part. The majority's decision in Caperton clearly upped the ante on that account, which is exactly what it was formulated to do.

Xoff: Always wrong, but maybe right

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