For a political party that purportedly puts fidelity to the Constitution as one of its core vows, Wisconsin Republicans sure have a strange way of showing it.
First, State Sen. Mike Ellis, R-Neenah, proposed a bill that would send constitutional questions on state legislation directly to the State Supreme Court, circumventing circuit and appeals courts. Ellis' bill even dictates to the theoretically co-equal and independent third branch of government how quickly justices have to rule on cases.
On top of Ellis' drive-thru justice bill, State Rep. David Craig, R-West Bend, is circulating legislation that allows attorneys to nullify court injunctions blocking state laws by quickly filing appeals.
Craig told the Associated Press a county judge elected by "small fraction of the state" shouldn't be able to stop a law that affects the entire state.
Republicans have made no bones about their displeasure at "liberal" circuit judges blocking their collective bargaining and voter ID laws. That political tripe ignores the fact that there are legitimate constitutional questions in both pieces of legislation of the sort that cannot, and should not, be sorted on a constitutional assembly line.
Equally important is the need for the court system to be able to provide a mechanism to provide immediate relief if strong evidence is shown that Constitutional rights may be violated.
Over the past 165 years of statehood, the current system of court challenges and due process review have served Wisconsin well and should not be short-circuited because of the frustrations of an emboldened majority in the State Legislature. While there are legitimate gripes about the litigiousness nature of politics, efforts to speed and circumvent rulings must be weighed against the need for court rulings on Constitutional matters to follow a deliberate path. A process that is as free from influences from the other branches of government as much as possible to maintain the credibility of the courts and state government.
Both sides are guilty of efforts to stack the system in their favor. One can only hope the efforts of this crop of Republican revolutionaries meets its own "court packing" moment. Frustrated to see many of his New Deal programs struck down by the U.S. Supreme Court, President Franklin Roosevelt proposed expanding the size of the court to allow him to appoint enough members to get a majority that fits his own designs.
That measure was recognized as dangerous tinkering and unwise interference in the third branch of government.
The Ellis and Craig bills represent the same sort of overreach; and should either become law would only serve to undermine the public's full faith and confidence in Wisconsin government.
The Final Thought: Bill that would nullify circuit court injunctions blocking state laws dangerous political tinkering.