Thursday, May 26, 2011

About Face

“There’s still a much larger separation-of-powers issue: whether one Madison judge can stand in the way of the other two democratically elected branches ofLink government,” he said in a statement. “The Supreme Court is going to have the ultimate ruling.”

Separation of powers issues don't change when you go higher up the food chain in the same branch. The saddest part is that this was a prepared statement, by a legislator who also is a member of the Wisconsin bar.


Anonymous Anonymous said...

I'm not sure either observation carries much weight. Being a member of the bar is a damn poor measure of anything other than a solid indicator that you won't be sued for practicing without a license.

As to separation of powers, I don't see why that isn't a perfectly fine statement of it. The operating level of law is precisely any single trial judge, so from that point of view the appellate courts are irrelevant (as you imply). It will be just as much a separation of powers issue if Wisconsin uses any of its two constitutional powers to remove the judge from office(and that would sure get a lot more negative press attention, no matter how well deserved, since it would be a liberal ox being gored).

code word: My intellectual garden is full of aphons.

1:21 AM, May 27, 2011  

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