Justice Matters – 12/05/20

Here’s another episode of Glenn Kirschner’s informative vlog on the state of our justice system. While I’m not quite as sanguine about how the system is holding up against the assault of Trump and his Zombpublicans, it is heartening to look at how thoroughly the Trump/Giuliani efforts to overturn the election in the courts have been rebuffed.

The concurring opinion Glenn reads and discusses in this episode is, as he points out, especially powerful because the Judge who wrote it was President of his law school’s Federalist Society chapter and comes from a tradition of conservatism. After reading a little about him, and based on the quality of argument in his dissent Glenn discusses here, I’m of the opinion he is more closely allied with the never-Trump wing of conservatism.

In case you’re interested in the actual opinion, I have embedded the official .pdf file issued by the Wisconsin Supreme Court, which contains Justice Hagedorn’s consenting opinion. I think it’s worth noting this was a 4-3 decision. I find it a bit frightening there were three justices that though this case had merit. We’re nowhere near out of the woods. Then again, in most respects most of us have never actually been out of the woods given the true nature of our nation’s government and history.