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Congress periodically engages in waves of "court-stripping," often to punish the courts for particular rulings on hot-button social issues.
 

WRTL v. Brennan Legal Arguments

Wisconsin Right to Life- Dec. 18, 2009: " WRTL seeks to have §11.513 declared unconstitutional in violation of the First and Fourteenth Amendments. WRTL also seeks to have enforcement of §11.513 permanently enjoined. This issue should be resolved promptly so that WRTL and those similarly situated will not be chilled in their free expression and association or risk being unlawfully enjoined or found in violation of Wisconsin election laws as a result of having engaged in constitutionally-protected political expression in the upcoming election." Read more...

U.S. District Judge William Conley- March 31, 2011: “Wisconsin’s interest in safeguarding even an appearance of bias is stronger than any of the public financing statutes considered by courts to date.” See Gavel Grab

WRTL- April 1, 2011: "The [Impartial Justice Act] coerces participation in a public financing scheme for Wisconsin Supreme Court elections, through, among other things, providing “rescue funds” to candidates who are participating in the public financing scheme as soon as any opponent or opponents of the participating candidate reach or exceed a threshold spending amount." Read more...

Judge William Conley- April 1, 2011: “In light of the State’s undeniable, compelling interest in avoiding a growing perception that the financing of election of the Wisconsin Supreme Court Justices is irreparably tainting them with an appearance of bias, this court will grant summary judgment to the defendants and deny any injunctive relief.” Read more...

Justice at Stake amicus brief: “Public financing under the Impartial Justice Act is one of the most powerful reforms shielding courts from special-interest influence. With public financing, judges no longer must rely on support from large-dollar, special interest contributors who frequently have cases in front of the court.” Read more...

Brennan Center amicus brief: “Judicial elections are vastly different from other contests, which is why Wisconsin’s Impartial Justice Act should be upheld in full.” Read more...

 
 
 
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