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> The legislature may have buyer's remorse for the breadth of discretion it gave to (the Department of Health Services). But those are the laws it drafted So a

> The legislature may have buyer's remorse for the breadth of discretion it gave to (the Department of Health Services). But those are the laws it drafted So although every state is different, Wisconsin isn't that different and its Supreme Court did not rule on the law and only on feelings. The majority opinion was across the ideological spectrum, the dissenting opinion was across the ideological spectrum as well. 4-3 decision One member of the court had just left the court, could have easily been 4-4 or another combination Interesting, Wisconsin

npongratz 7y ago
> One member of the court had just left the court, could have easily been 4-4 or another combination The incumbent (Kelly) was voted out of office about a month ago, and the winning challenger (Karofsky) won't fill the seat until August 1, 2020. Kelly sided with the majority opinion in this decision.
- kumarvvr 7y ago
  I don't understand that when the incumbent has been voted out, why does he/she still have powers to make decisions? Shouldn't they be some sort of stand-in and only take care of routine / bureaucratic tasks? It's a system that is ripe for making these already out people do stuff that is ideological and hardline, while the voters obviously don't want it.
  - vxNsr 7y ago
    I'm more confused about a court that has an even number of members... what do they do in ties?
    - throwawayjava 7y ago
      In this case, lower court ruling would stand
    - albntomat0 7y ago
      They have 7. 1 will be replaced by another in August, based on a recent election.
  - albntomat0 7y ago
    It's a standard transition period. Just like how presidential elections are in November while inauguration's in January. I remember that a ton of wonky stuff has happened in the "lame duck" period, but it does seem to be standard.
  - BooneJS 7y ago
    After Walker lost, the GOP assembly, senate, and lame duck Governor passed a bunch of bills to nerf the Governor’s power. Kelly voting with the majority is quite tame.
  - cryptonector 7y ago
    Lame ducks (Congresses, Legislatures, Governors, and Presidents) often do things that they should not. Republicans and Democrats have done plenty of lame duck things they shouldn't have. It's a fact of life in the U.S. system that mostly derives from long transitions having been necessary in the 18th century due to the slowness of communications and travel back then. The long transition from FDR to Hoover caused the 20th Amendment to the U.S. Constitution to be passed and ratified which greatly shortened it -- it's still too long! One of the reasons the transition from general election to Presidential inauguration is so long is that the Electoral College has to convene, and that legal challenges to electoral results have to be resolved -- all that takes time, and some times (e.g., in 2000) it takes almost all the allotted time. Still, it could probably be made much shorter, but it would require yet another Amendment. I suspect long transition periods in State governments have similar reasons for being.
abraham 7y ago
There are seven members. https://en.wikipedia.org/wiki/Wisconsin_Supreme_Court https://en.wikipedia.org/wiki/Wisconsin_Supreme_Court

npongratz 7y ago

> One member of the court had just left the court, could have easily been 4-4 or another combination The incumbent (Kelly) was voted out of office about a month ago, and the winning challenger (Karofsky) won't fill the seat until August 1, 2020. Kelly sided with the majority opinion in this decision.

kumarvvr 7y ago
I don't understand that when the incumbent has been voted out, why does he/she still have powers to make decisions? Shouldn't they be some sort of stand-in and only take care of routine / bureaucratic tasks? It's a system that is ripe for making these already out people do stuff that is ideological and hardline, while the voters obviously don't want it.
- vxNsr 7y ago
  I'm more confused about a court that has an even number of members... what do they do in ties?
  - throwawayjava 7y ago
    In this case, lower court ruling would stand
  - albntomat0 7y ago
    They have 7. 1 will be replaced by another in August, based on a recent election.
- albntomat0 7y ago
  It's a standard transition period. Just like how presidential elections are in November while inauguration's in January. I remember that a ton of wonky stuff has happened in the "lame duck" period, but it does seem to be standard.
- BooneJS 7y ago
  After Walker lost, the GOP assembly, senate, and lame duck Governor passed a bunch of bills to nerf the Governor’s power. Kelly voting with the majority is quite tame.
- cryptonector 7y ago
  Lame ducks (Congresses, Legislatures, Governors, and Presidents) often do things that they should not. Republicans and Democrats have done plenty of lame duck things they shouldn't have. It's a fact of life in the U.S. system that mostly derives from long transitions having been necessary in the 18th century due to the slowness of communications and travel back then. The long transition from FDR to Hoover caused the 20th Amendment to the U.S. Constitution to be passed and ratified which greatly shortened it -- it's still too long! One of the reasons the transition from general election to Presidential inauguration is so long is that the Electoral College has to convene, and that legal challenges to electoral results have to be resolved -- all that takes time, and some times (e.g., in 2000) it takes almost all the allotted time. Still, it could probably be made much shorter, but it would require yet another Amendment. I suspect long transition periods in State governments have similar reasons for being.

abraham 7y ago

There are seven members. https://en.wikipedia.org/wiki/Wisconsin_Supreme_Court https://en.wikipedia.org/wiki/Wisconsin_Supreme_Court