Sunday, May 15, 2011

Recount Follies Continue

As our Supreme Court recount sloshes on, there is absolutely no chance that counting of the ballots will change the result. Moving forward seems to be more about exciting the base, sustaining anger and raising money. I understand how hard it must be to let go, but we passed the point of tolerance long ago. Even if Ms. Kloppenburg somehow feels obligated to move forward, she should cut out the empty insinuations.

Of course, she may be contemplating asking a court to throw out thousands and thousands of votes in Waukesha County. I can't believe that she would have the temerity to do it or that it would have the slightest chance of success. And, if she were to win, the victory - both for her and the left in this state - would by pyhrric. If this is actually being contemplated, it is a spectacularly stupid idea. Let's hope that there are grown ups in the Kloppenburg camp.

Why is it such a bad idea? Why can't it succeed. Let's start with the latter. If the problem is bags that are not properly cinched, there are all sorts of ways to assure oneself that they were not tampered with including examination of the chain of custody and comparison of what is in those bags now with what was counted on election night. Beyond that throwing out bags of ballots in Waukesha because they are not completely cinched, raises a serious constitutional challenge. Note that this constitutional problem exists whether or not the Prosser campaign "could have" made similar objections in other counties. It is a denial of the rights of the voters in Waukesha County no matter what the Prosser campaign did or do not do.

Here's why - or at least one reason why. In her public comments, Joanne Kloppenburg has suggested that the ballot bags in Waukesha were unusual. They are not. Such bags existed in Milwaukee County but were not remarked upon until the last day. They undoubtedly exist throughout the state. If the Kloppenburg now suggests that the ballots in these bags be tossed in Waukesha - and only Waukesha - it would require counting votes in Waukesha in a materially different way than the way they were counted in other counties.

This presents an equal protection problem pursuant to the United States Supreme Court's teaching in ... Bush v. Gore.

Looks like that case may have had legs after all.

Why is it a bad idea? Let's suspend disbelief and imagine that the Court of Appeals in Dane County would buy such a challenge - something that I don't regard as likely. Let's further assume that, with Justice Prosser recused, the "liberal" wing of the state Supreme Court would buy it and that the Court would split 3-3 allowing the Court of Appeals decision to stand. (I regard that as even more unlikely.) Let's further assume that the United States Supreme Court allows the theft of an election to stand by denying cert. (This is also unlikely.)

Whatever momentum the left has in Wisconsin would be gone. The anger on the right would make Madison's recent Days of Rage look like a picnic. No Democrat would win a recall and Obama will be an immediate underdog in Wisconsin. You can't toss out legitmately cast votes and not pay a huge price.

16 comments:

Stix & Stonz Denim said...

well said. I am still amazed at the links the left will go to. Talk about cutting off your nose to spite your face. It seems that lose is not in their volcabulary, even if winning is NOT a good thing.

Anonymous said...

This may have nothing to do with winning but delaying. Consider this scenario... Kloppenburg challenges everything. The courts drag their feet so that he can not resume his work on August 1st. Justice Abramson schedules critical anti-Walker legislation during the time Justice Prosser is waiting for a decision from the courts. Everything becomes a 3-3 split and court of appeals decides everything. Is this possible?

Anonymous said...

Of course Walker can always appoint a temporary Justice like MN Governor Ventura appointed a temporary US Senator during the Coleman v. Franken fiasco.

Anonymous said...

Anonymous, I believe that was Pawlenty in MN.

The more these people act out, stall, and question legitimate votes, the more the state, AND the country see their true colors - sore losers. The longer this goes on, the more voters will vote these Dems out next time around. Especially get rid of the 14 fleebaggers! Time to clean house!

Anonymous said...

As "unlikely" the successfulness of the tactics, I expect them to be used without a hint of a snicker by Klaggenfart and her controllers.
NEVER underestimate a liberal court legislating from the bench. NEVER give chief justice Abhams the credit of having the ability to be unbiased, reasoned, or thoughtful!
The possiblity of throwing out the Waukesha County (let me be direct, Brookfield) votes, and overturning the election is something she would do in a heartbeat and not loose a moments sleep over.
Or, am I just being cynical and jaded? LOL

Dad29 said...

One gets the impression that K'burg is the ONLY person in the K'burg campaign (and D Party/WI) who believes that she wuz robbed, by the way.

Says something....

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