One supreme court justice did not doom Trump in Wisconsin

No Dominion voting machines
in Dane or Milwaukee counties

The Trump campaign’s failed appeal to the WI Supreme Court has never been better explained than by Andrew McCarthy in National Review.

It is generally known that the state’s high court turned down that President’s appeal by a 4 to 3 vote and damn that Brian Hagedorn, the supposedly conservative justice who voted with the three liberals. Some good conservatives are talking recall. They were hoodwinked!

But the National Review’s McCarthy reports that the court’s denial of the claim was actually much more decisive than a single justice’s vote.

The Trump appeal was ably represented by retired judge James Troupis. Their point was that state legislatures, not bureaucrats at the Elections Commission, prescribe how elections are conducted — that the plain-letter statutes on absentee and early voting had been violated. McCarthy:

State law deems election integrity paramount. The most secure means of voting is to have voters physically cast a ballot at the polling place. In-person voting is considered a right; thus, when doubt arises about a vote’s propriety, the law leans in favor of counting the vote. To the contrary, absentee voting is considered a privilege. It does not get the same benefit of the doubt as in-person voting. If an absentee ballot does not comply with the conditions prescribed by the legislature, state law says it shall not count.

McCarthy raises a point the Werkes has made:

‘No fraud on the part of the voters [was] alleged. All of these claims involve voters who, with no cause to believe otherwise, cast ballots on the assumption that state officials were acting lawfully.’

⇒ I.E., it’s not as if voters voted twice, forged ballots, or were ineligible as felons or aliens to vote. An analogy is the traffic sign reads “55 mph” but the arresting officer says local ordinance specifies 35 mph for that thoroughfare. The government is at fault, not the driver/voter.

The achilles heel of Trump’s appeal

McCarthy contends that the Trump campaign’s proposal to disenfranchise likely Biden voters in the two counties while counting flawed ballots cast by likely Trump voters in the other 70 counties itself violated the campaign’s interpretation of  the U.S. Supreme Court’s decision in Bush v. Gore 2000 — “a point that was not lost on the Wisconsin Supreme Court.”

Trump contested four categories of absentee votes:

    1. 28,395 votes that made generous claims to “indefinite confinement” due to Covid-19. Court voted 7 to 0 against Trump’s position. 
    2. 170,151 absentee ballots submitting through faulty application forms supplied by the clerk but used statewide. Court rejected Trump’s challenge 7 to 0.
    3. 5,517 ballots on which clerks completed zip codes etc. on absentee ballot witness addresses. 4-3 against Trump.
    4. 17,271 submitted absentee ballots through “Democracy in the Park” events in Madison, rather than the clerk’s office, weeks before Election Day. 4-3 against Trump.

Even if Hagedorn had flipped to Trump on #C and #D, the combined 22,788 votes wouldn’t have flipped the election that Biden won by 20,682 — considering that a great many of those ballots would have been cast for Trump.

McCarthy’s Bottom Line: The legislature should reaffirm that Wisconsin favors in-person voting.

About David Blaska

Madison WI
This entry was posted in Donald Trump, Election 2020, Uncategorized and tagged , , , . Bookmark the permalink.

14 Responses to One supreme court justice did not doom Trump in Wisconsin

  1. lmays says:

    Troupis clobbered Karofsky. She’s more concern about being a liberal over being a jurist. You need to expose her…but she’ll be re-elected forever in Dane county and the state. “Appl-ica-tion”. My son, who is an attorney and was in the D.As. office with her says she’s out of her lane.Sent from my Galaxy

    Liked by 2 people

    • richard lesiak says:

      Expose her for what? Why are you asking Dave to expose her? Why don’t you and your attorney son step up and do it? Sent from my solar system.


  2. Rafferty says:

    Blaska advocates for the state legislature to do something that is increasingly out of touch with voters and push back against the tidal wave in support of voting by mail. In so doing, he tucks himself to bed in the comfort of Trump-informed ignorance. That’s not surprising, coming from a man with his election losing streak, but it is a good sign of where the Republicans are. People want to vote by mail and do so effectively in places like Colorado and Utah. Maybe the smart thing to push would be for the Republicans to get with the program, flip the calendar to 2021 and meet the challenges of the world we’re living in today.


    • patrickmoloughlin says:

      “Absentee ballots remain the largest source of potential voter fraud.” – Jimmy Carter

      Liked by 1 person

      • Rafferty says:

        Was this in 1977 or 1978? I’m sure you have socks older than that, Pat. But it’s 2021 in a couple weeks. They have computers now.


    • Cornelius Gotchberg says:

      “Maybe the smart thing to push would be for the Republicans to get with the program”

      You mean push the program of promising more More MORE high quality/quantity free $#!t to ensure continuing generational ignorance and dependency?

      And push the program of further degrading education by teaching minorities about Black Lies Matter, bogus systemic Mcism, and victimhoodie when they can’t even read, write, or figure?

      Pushing THAT kind of program? Because THAT’S the LaLaLoopyLoonyLeftyLand program writ large!

      The Gotch

      Liked by 1 person

  3. calypsofacto says:

    ‘No fraud on the part of the voters [was] alleged. All of these claims involve voters who, with no cause to believe otherwise, cast ballots on the assumption that state officials were acting lawfully.’

    That’s a bad generalization. The Supreme Court ruled on the narrow meaning of Indefinite Confinement in MARCH of this year, yet tens of thousands did not un-register afterwards (as required by Wisconsin statute) and 49,769 people disregarded that ruling by applying for Indefinitely Confined status afterwards. You cannot tell me that someone who knowingly lies about being physically incapacitated in order to receive a special ballot is not engaged in fraud.

    Liked by 1 person

  4. ObviousFraudIsObvious says:

    So your premise is that reducing the Biden lead by 15000, 17000, 19000, 20000; your premise is that this would not help Jim make his case?
    I find this premise to be highly flawed.


  5. Bill says:

    I guess what this all comes down to in my mind is: Do we the people of the State of Wisconsin want our Elected officials, who were Elected by We the People to Represent Us, to make election law; or do we want our State Supreme Court going along with unelected bureaucrats changing election law at their whim?

    That is the question here. There is no other question.

    If unelected bureaucrats can change Wisconsin election laws, and our State Supreme Court going along with those changes, well that means other unelected bureaucrats can Damn well change any other laws they see fit to change without the will of the people being expressed by their representatives in the Wisconsin Senate and Assembly. (Which by the way makes your and my vote worthless!)

    I don’t think that anybody spelled this out with greater clarity than Dan O’Donnell in this article he wrote for the Maclver Institute.

    And as an aside:

    Do tell me; just how did Ole Joe win Wisconsin when 20-40,000 people would show up, wait in line for 2-3 hours in the freezing cold to see President Donald J. Trump speak off the cuff for another 2-3 hours, each time giving an absolutely stunning speech when ole Joe was and probably still is, stuck down in his basement and can’t put a sentence together to form a cogent thought?

    I mean really, that’s the guy you want to be the next President of the United States of America?


    • Cornelius Gotchberg says:

      “I mean really, that’s the guy you want to be the next President of the United States of America?”

      Short Answer: No!
      Long Answer: >HELL NO!!!

      It is what it is…

      The Gotch


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