On a day when the latest fundraising reports came out for the Wisconsin Supreme Court race, Marquette Law Professor Ed Fallone celebrated receiving the endorsements of several far left organizations. It seems these organizations realized Fallone was their only hope to unseat Incumbent Justice Pat Roggensack when the other challenger, Lemon Law Attorney Vince Megna reported raising $0 in the last reporting cycle.
Just days away from the Spring Primary Election on February 19, Fallone picked up an endorsement from Fair Wisconsin, a self-described civil rights organization for the cause of lesbian, gay, bisexual, and transgender (LGBT) equality. They famously lost the Wisconsin gay marriage amendment in 2004 59% to 41%.
Fallone trumpeted their support on his Facebook Page:
Hoping to channel a Joanne Kloppenburg coalition, Fallone later Monday evening highlighted his endorsements from the following groups:
Service Employees International Union (SEIU)
Wisconsin Education Association Council (WEAC)
American Federation of Teachers (AFT) Wisconsin
American Federation of State, County, and Municipal Employees (AFSCME)- Council 40
American Federation of State, County, and Municipal Employees (AFSCME)- Council 48
American Federation of Teachers (AFT) – Local 212
Madison Teachers Incorporated (MTI)
Wisconsin Federation of Nurses and Health Professionals
In the last Wisconsin Supreme Court election between Justice Prosser and Joanne Kloppenburg, this same SEIU brought in several out of state community organizers who registered to vote using their out of state drivers licenses and a hotel bill. The Milwaukee County District Attorneys Office is still investigating one of those organizers (Clarence Haynes) for voter fraud in the Spring 2011 election and recently sent out a new round of subpoenas in that case.
Several of the other organizations endorsing Fallone have been involved in litigation seeking to overturn Act 10. MTI brought a lawsuit in state court to strike down Act 10. Dane County Judge Juan Colas ruled their way in striking down the collective bargaining reforms. This state case has been appealed to the Fourth District Court of Appeals. WEAC and other labor unions brought a federal action against Act 10. But the 7th Circuit Court of Appeals recently ruled against the unions in finding that Act 10 is constitutional in its entirety. AFSCME and the Wisconsin AFL-CIO brought a third suit against Act 10 in federal court in July 2011. This second federal case is still pending.
It is widely expected that the MTI v. Walker suit will be appealed to the Wisconsin Supreme Court, regardless of how the Fourth District Court of Appeals handles the Colas decision. So the Wisconsin Supreme Court will likely have final say on the MTI Act 10 lawsuit after the April 2 Supreme Court election.