CitizenVectron Posted June 30, 2022 Share Posted June 30, 2022 Scott Walker-appointed Natural Resources Board member Frederick Prehn can remain past his term, Supreme Court rules WWW.JSONLINE.COM The ruling all but ensures that Republicans in the state Senate will continue to avoid confirming slates of Democratic Gov. Tony Evers' appointees. Quote MADISON – Frederick Prehn can remain on the state's Natural Resources Board beyond the expiration of his term, under a Wisconsin Supreme Court ruling issued Wednesday. Quote In the ruling, Supreme Court Chief Justice Annette Ziegler said in the majority opinion that the expiration of a term does not create a vacancy, meaning that holdovers in any position appointed by the governor can remain until a confirmation hearing is held by the state Senate. According to the ruling, vacancies are only created by death, resignation or the removal of an incumbent Quote "It is undoubtedly true that Prehn serves a defined term of office, and it is accepted that Prehn's term expired in May 2021," the majority wrote in the decision. "However, those realities say nothing about whether there is now a 'vacancy' in Prehn's DNR Board position." The natural extension of this is: Republican governor appoints everyone to their positions in a state Democrat wins governorship, nominates replacements as terms expire Republican-controlled (or at least filibustered) legislature refuses to hearings on new nominees Existing appointees stay in power forever, or until the next Republican gubernatorial victory 1 Quote Link to comment Share on other sites More sharing options...
CitizenVectron Posted June 30, 2022 Author Share Posted June 30, 2022 As the WI legislature is extremely gerrymandered (I think Democrats would need something like 60%+ of the vote to gain control?), this effectively means that Democratic governors will never be able to appoint state positions again. Quote Link to comment Share on other sites More sharing options...
CayceG Posted June 30, 2022 Share Posted June 30, 2022 What in the absolute fuck. Our legal system is just entirely made up. Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted June 30, 2022 Share Posted June 30, 2022 I let out an audible sigh when I read about this situation this morning. Quote Link to comment Share on other sites More sharing options...
brucoe Posted June 30, 2022 Share Posted June 30, 2022 If only there was some kind of precedence to avoid stuff like this, something like Marbury v Madison, which kind of gives the Supreme Court its complete justification for existing. But unfortunately, I just can't put my finger on a case like Marbury where something like this might have already been decided on the federal level and with those pesky amendments might also apply to state constitutions. Quote Link to comment Share on other sites More sharing options...
b_m_b_m_b_m Posted June 30, 2022 Share Posted June 30, 2022 the actual logical conclusion to "term ends but it doesn't create a vacancy" is that the position is eliminated, not that the incumbent can serve indefinitely. but that requires judges to not be hacks. all proof positive that elected judges are no different than unelected judges. Quote Link to comment Share on other sites More sharing options...
5timechamp Posted June 30, 2022 Share Posted June 30, 2022 Trump is pointing at his TV…” just because Presidential term ends doesnt mean vacancy..” Quote Link to comment Share on other sites More sharing options...
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