WILL President and General Counsel Rick Esenberg writing at RightWisconsin explains why – despite the wishes and ill-informed pundits’ opinions – the unconstitutional John Doe investigation meant to curb the First Amendment rights of conservative organizations is likely dead, dead, dead.
This isn’t good enough. The Wisconsin Supreme Court expressly based its decision on both the United States and Wisconsin Constitutions. Even if the federal constitution would permit the application of anti-coordination rules to issue advocacy, it does not compel it. The Wisconsin Supreme Court is free to interpret the states’ constitution to provide greater protection to speech. While it is theoretically possible for the United States Supreme Court to say that the Wisconsin court did not do enough to clearly indicate that there was an independent state ground for its decision, this is unlikely.
Courts can always surprise you, but usually they don’t. Supreme Court review is not happening. The Doe is really dead.