The Wisconsin Supreme Court’s ruling that there were no violations of campaign finance laws by Gov. Scott Walker’s anti-recall campaign and conservative groups continues to stir controversy on both sides. The ruling in the “John Doe” case effectively halted further investigation of the alleged collusion.
In a scorching commentary supporting the ruling, The National Review Online said the investigation of alleged violations was nothing short of a “witch hunt” perpetrated by state Democrats. A report in the Wisconsin State Journal noted that the Wisconsin court’s majority described the investigation as a “dragnet” involving “highly publicized raids” of private homes.
But a piece in the LaCrosse Tribune focused on the failure of several state Supreme Court justices to recuse themselves, although they had benefited from millions of dollars in campaign spending by the same conservative groups at the center of the case. Prosecutors might have the option to appeal the ruling in federal court, the Tribune suggested, citing legal experts who named the U.S. Supreme Court’s 2009 ruling in the landmark Caperton case as a possible precedent.
In the same Tribune piece a conservative legal scholar disagreed, noting that “if elected judges had to recuse themselves from cases involving groups that donate to their campaigns, then so would judges who were targets of campaign spending,” according to the report. Rick Esenberg of the Wisconsin Institute for Law and Liberty told the paper that if a broad view of the Caperton decision were adopted, “‘it’s basically impossible to have judicial elections’ because there will always be an array of political parties supporting or opposing judges.”