March 31, 2011

Federal District Court Upholds McComish-Like Matching Funds Requirement in Wisconsin Supreme Court Elections

You can read the district court's opinion granting summary judgment at this link.

It is a thoughtful discussion, and considers the possibility that the trigger funds might be constitutional in judicial elections even if the Supreme Court strikes down their use in legislative elections in McComish.

Also especially interesting is must-read footnote 3, which considers whether the explosion of campaign financing in Wisconsin Supreme Court races has been a partial cause of the marked decline of collegiality on that court. Very bold words for one judge to put in a judicial opinion calling attention to the problems of collegiality on another court.

Posted by Rick Hasen at March 31, 2011 02:23 PM