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    US Supreme Court will not hear Wisconsin John Doe case

    US Supreme Court will not hear Wisconsin John Doe case

    No review of important First Amendment issues involved in notorious investigation of conservatives.

    The U.S. Supreme Court issued an Order this morning denying the Petition for Writ of Certiorari in the Wisconsin John Doe case.

    For background, see our prior posts, including Will Supreme Court take blockbuster “John Doe” campaign case?:

    The case is O’Keefe v. Chisholm…. The issue on which review was sought had little to do — on the surface — with the substance of the abuses in the John Doe case, but rather, focuses on a technical legal point as to whether and when federal courts can or should stop state investigations….

    But, the nature of the case necessarily involves the underlying ability of states to regulate campaign coordination and how that ability interacts with First Amendment rights.

    While the Court will not hear the case, the underlying investigation currently is on hold anyway because of a separate federal court order not involved in the Supreme Court petition, and a state court order putting the investigation on hold.

    Here is the Supreme Court Order:

    For those of you who don’t remember, here’s what happened in Wisconsin to conservatives as part of the John Doe investigation:


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    Owego | May 18, 2015 at 9:48 pm

    Once again, as with the HRC/Benghazi item above, what has to happen before these things become the basis for more than just paper shuffling?

    Milhouse | May 19, 2015 at 3:25 am

    The cert petition wasn’t really about Chisholm’s witch-hunt. That’s already been stopped by a state judge, and isn’t likely to restart. What the petitioners wanted was for the Supreme Court to officially rule that it would be unconstitutional to prevent issue campaigns from coordinating with politicians who happen to agree with them.

    The federal district judge shut down the witch-hunt on the grounds that the “crime” Chisholm is trying to prove his targets did 1) isn’t against the law and 2) can’t be against the law. The 7th circuit reversed him, saying 1) the state judge has already shut this travesty down, so you shouldn’t have interfered; 2) you don’t know that such a law would be unconstitutional, because the Supreme Court hasn’t said so.

    This left the Wisconsin people still OK, because Chisholm still can’t go after them, and in any case they deny that they coordinated in the first place. But it left a big question for other people, all over the country, who would like to do what the Wisconsin people deny having done. They wanted the Supreme Court to reverse the circuit court, and affirm that yes, you can go ahead and coordinate, the first amendment protects your right to do so. Unfortunately the Court didn’t take the bait.

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