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Expect Libya to be resolved before Wisconsin Supreme Court election:

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Wisconsin Supreme Court

Image by Ann Althouse via Flickr

Last night, I posed two questions that I thought were mutually exclusive concerning the election.  This morning, the results (9 a.m.) were the same they were at 3 a.m, with the same 34 precincts left to report. Of those 34 2 were precincts where Prosser was leading and 32 where in precincts where Kloppenburg leads.

With 99% of the precincts reporting the morning numbers were:

David Prosser (inc) 733,074 50%
Joanne Kloppenburg 732,489 50%

They were separated by 4 ONE HUNDREDTHS of one percent of the total votes cast.

(Note since that writing the “final” results have come in)

REPORTING 100%
Joanne Kloppenburg 740,090 50%
David Prosser (inc) 739,886 50%

A difference of  1.3 ONE HUNDREDTHS of one percent of the total votes cast.

Let’s forget for the moment the same day registration nonsense that likely meant an awful lot of people particularly in the cities voted who may have been illegible, lets ask a logical question:

Consider: Democrats ran from the state for weeks, labor paid for massive protests, doctors were willing to give out phony sick notes to facilitate the protests, Unions and the left poured millions upon millions to turn this election into a referendum on Walker and a potential supreme court justice apparently ran on the basis of pre-judging a case.

Given all of those actions and all of that investment, with a the vote this close, do you honestly believe that the left will not (updated did not) attempt to steal this election assuming through false registrations they haven’t tried to already? Is there a single person on the right side of the blogosphere who believes this will not happen?

And as for the ballots that were under guard by police, Ace of spades puts it succinctly:

Police guarded the ballots overnight, but that doesn’t really reassure. Would this be the same police that stood by and did nothing while union thugs tore up recall ballots aimed at Democrats?

Take a bow police in Wisconsin, your actions in the lead-up to this election turned that statement from an outrageous insult to an interesting conjecture.

Let’s remember Ann Althouse back from March 12th:

Anyone can look at the pictures and video and see crimes being committed. The low number of arrests is evidence that the police chose not to enforce the law. Meade, outnumbered in the center of an angry mob, was physically assaulted by a very large man, and all the while a police officer looked on and did nothing. Should Meade have said “Arrest this man!” — under those circumstances? Think about it! The police seemed to be on the other side, and he was surrounded by people who’d decided he was a “Walker plant.” How, exactly, was he supposed to extricate himself from the situation if the police didn’t respond to his accusation? What do you do when you can’t count on the police? You’re on your own.

The CSM article is also about whether the federal government can come to the rescue under the Guarantee Clause of the Constitution. Article IV, § 4. You mean, when the state can no longer fend off domestic unrest, the feds have a duty to help us? Pardon me if I laugh. The Obama administration might send in forces to do what the local police here won’t do?

Sorry. I’m a constitutional law professor, and I’m especially interested in all the federalism stuff, but I live in the real world, here in Madison, Wisconsin. I want real police, enforcing the law, equally and with a high sense of duty — not self-interested union enthusiasm.

Given this, is there any chance whatsoever that Conservatives will believe that any result where Kloppenburg wins is legitimate?

And on the other side, the left spent the last 2 months insisting that the Walker administration which won by a wide margin is not legitimate. Given that there is no chance that they will consider any result where Prosser wins legit. Expect (at best) loud protests but I would expect much worse.

Unfortunately there is no actual solution to this. It is going to be litigated, and since judge Prosser of course can’t rule on his own election you have a 3-3 court. I suspect Libya will be resolved before this is.

Wisconsin is going to be in a quagmire for years over this. Wisconsinites when you see these divisions, when at best the expense and the gridlock that comes of this or at worst the violence that will come of it. (And I predict that we will see the worst) remember this has been brought to you by Wisconsin’s public unions and by the media’s unwillingness to call out the senators who ran away.

Update: Big point made on the right side of the sphere, by Robert Stacy McCain:

The unions lost. Their claim that their rage-filed protests represented an overwhelming majority of Wisconsin voters? Repudiated.

and the Right Sphere:

Regardless of how the race turns out, the fact of the matter is the “revolution” was a flop despite the efforts of a lot – thousands and thousands – of Leftists to create the impression that Wisconsin didn’t vote Scott Walker and Republicans in to office to tackle the real problem of public sector unions raiding the treasury. The Leftist’s hopes of using the situation in Wisconsin to create a national pro-union movement have been squashed.

and HotAir:

But the unions have a bigger problem. Many gave Prosser little chance of holding his seat in this off-year, otherwise sleepy election, as unions organized fiercely to unseat him before the state Supreme Court could hear the challenge to Scott Walker’s law. Given the usual lack of turnout for April elections in off years, the organizing power of the unions should have been overwhelming, and Prosser should have been toast even in less-progressive areas of the state. Instead, Wisconsin voters thundered to the polls to support Prosser, and Kloppenburg turned out to do poorly outside of Dane and Milwaukee counties — and even in Milwaukee, Kloppenburg led by just a 57/43 margin.

What should have been a slam-dunk if Walker’s proposal was really as extreme and disaffecting as unions claim turned out to be an even split. Given their power and the investment of time and money by the unions, this is an eye-opening stumble.

I guarantee this will be spun differently by the MSM.

Update 2: Ann Athouse (an Obama voter btw) speaks some realities aloud:

There’s one more precinct in Madison’s Dane County. You can try to calculate what that precinct should be, using the 73-27% difference between the candidates in the 248 precincts that have reported, but I’d like to know what part of town the nonreporting precinct is in. More important, I’d like to know why that one precinct hasn’t reported, because, without more, I’m suspicious that politicos with a “by any means necessary” attitude are waiting to see how many votes are needed.

And her point about the court once a final result is given is even worse:

This race has been so politicized that, whether Prosser or Kloppenburg wins, the public will lack faith in the work of the Wisconsin Supreme Court. Every 4-3 decision — assuming the winner of this election is one of the 4 — will raise suspicion. The power of the court, in the end, rests on the faith of the people. It cannot balance the power of the other branches of government without the faith that this election has eroded.

I’ll say it again, Wisconsin, by not nipping this in the bud you have done this to yourselves. When you are frustrated by this for years, thank the Unions.

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