Friday, July 31, 2015

The John Doe dismissal and 'common sense'

Rick Esenberg at Shark and Shepherd
"Because its definition of 'political purpose' is too broad (and, I would add, because it offers no adequate definition of coordination), Wisconsin's law did not clearly and narrowly apply to coordinated issue advocacy. For that reason, it could not be applied to the activity being investigated by the [John] Doe prosecutors. While [SpeciaL Prosecutor Fran] Schmitz might think that such a result "defies" common sense, every court that has considered the merits of his position has rejected it. The judge presiding over the John Doe proceeding itself rejected it. The United States District Court for the Eastern District of Wisconsin rejected it. (While the result in that decision was reversed on appeal, the reversal was on procedural grounds and not the merits of the prosecutors' theory.) And, now, the Wisconsin Supreme Court has rejected it."