Rick Esenberg
@RickEsenberg
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President, Wisconsin Institute for Law & Liberty. The views expressed here are my own.
Joined June 2012
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Last Seen Profiles
This is just dishonest. It's not gay or lesbian kids. The bill is aimed at the problems presented by biological boys who feel - or claim to feel - that they should be girls and want to play on girls teams. This can defeat the purpose for which girls teams were established. The
BREAKING: I just vetoed Republicans’ anti-LGBTQ bill to ban trans and gender nonconforming kids from participating in school sports teams that align with their gender identity.
LGBTQ kids deserve our love and respect and support just like any other kid.
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Wisconsin Supreme Court has unanimously dismissed the ill-conceived original action petition challenging school choice. Our coalition of nonprofits, schools and families are thrilled.
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"If you’re a black kid growing up on the northwest side of the city, Milwaukee is horrible. You shouldn’t expect to know how to read, do math, or make a life for yourself once you’re auto-graduated from one of the area’s failed schools. But if you’re a Marquette-educated city
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People who believe that the maps drawn by the Republican legislatures were a gerrymander and that the maps drawn by
@GovEvers
were not need to rethink things. That belief is either naive or partisan.
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I'll say this about Herb Kohl, while he made a lot of money on selling the Bucks, he left a lot on the table to structure a deal that made it almost impossible for them to leave. So next time you cheer Giannis, pour out a little for Herb. RIP.
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They might be if state law required them to be secure and monitored. But it doesn't require that because it doesn't permit drop boxes. It used to be that a governor who thought we should have drop boxes would propose legislation to authorize them and make them secure rather than
Drop box voting is safe and secure. Period.
We must work to protect the fundamental freedom to vote and empower clerks and election administrators at the local level to make decisions that are right for their communities. It's as simple as that.
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Start at home, Congressman. You are one of the worst.
Awful. Violence is never acceptable. Period.
My thoughts are with all impacted by this terrible event.
If everyone takes our political rhetoric down a notch or two, we would all be better.
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It's beginning to look like Hagedorn will win this and it will be beyond the margin of recall. I obviously supported
@judgehagedorn
but the biggest winner here tonight may be religious tolerance. Lisa got this wrong.
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Why does overruling Chevron make this a great day? Because it brings us another step closer to realizing our constitutional settlement. Power must be divided, checked and dispersed. Chevron concentrated power.
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"What about Walker" is no answer to questions about Evers' compliance with open records laws anymore than "what about Biden" is a good response to Trump's flaws.
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Evers' idea that our democracy is "under constant attack" is close to hysterical and lies ill in the mouth of someone who thought he could declare endless emergencies and enjoy indefinite emergency power.
@GovEvers
may want to work on the log in his own eye.
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The triumphalism over the constitutional amendments is amusing. Sure you win when you outspend the other side by 12 to 1. Good on you and the gravy train will keep rolling. But if it turns out to be President Trump and Governor - IDK - Tiffany, you may not like its direction.
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Former Gov. Doyle says Evers "got 'em." But the purpose of democracy is not to engage in sharp practice and get 'em. It's not to lie to the other side and say you've got a deal when you don't. Did these people not go to kindergarten?
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As a prominent lawyer just pointed out to me, WI essentially ended Chevron deference under state law 6 years ago. And we're just fine.
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Kind of odd that UW doubles down on its commitment to its ideology at the same time that it's falling apart at more prominent schools.
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An interesting misconception is that "democracy" means that judges who "won" can do whatever they want or whatever the voters want. Not in our "democracy." In our democracy, they have to follow the rule of law and, in doing so, to adhere to methods and limits of jurists. Thread
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First, there was a time when a public employee would be embarrassed to use this type of language. Second, it's news that the Gov's office apparently believes it's "inhuman" to suggest that a kid shouldn't be accused of a federal civil rights violation for using an unapproved
Your asshole games win asshole prizes like “six bomb threats made against the district, Kiel City Hall, the Kiel Public Library, the homes of district employees, roads and utility companies in the city.”
Tag us when you find humanity. And, yes, god help us until you do.
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From SCOTUSBlog: "As for the dissents," Roberts writes, "they strike a tone of chilling doom that is wholly disproportionate to what the Court actually does today--conclude that immunity extends to official discussions between the President and his Attorney General, and then
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But apparently female rights are not.
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I think what the Governor did today is inconsistent with the opinion of four justices in Bartlett v. Evers. Just as importantly, it's acting in bad faith. No one thinks a law should set revenue limits for 402 years. He did this for a small advantage. He should be ashamed.
Whether you like the outcome or not, I think most could agree that changing the intent of the legislature from the school year 2024-25 to the year 2425 is undemocratic. And yes, I’m aware Republican governors have done similar things. Wisconsin’s line item veto is absurd.
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You can't get to 50/50 without gerrymandering: drawing the lines to maximize D strength. That's why D maps pinwheel out of Dane. To take a D map would be to take a map in which deliberately partisan decisions were made to counter the state's geography.
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Clickbait. It isn't true. A fair interpretation is that Johnson was talking about the control of information and top-down responses. You may disagree with his criticism or say he's still too conspiratorial but he did not say the pandemic itself was pre-planned.
Wisconsin Sen. Ron Johnson unleashes bizarre rant about Covid pandemic and claims it was 'pre-planned' by unnamed elites with the goal of taking away human rights
via
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Someone who makes $ 374k is probably quite comfortable. But they do not have the life style we'd associate with being "rich." They don't live like the Roy family. They are closer to an average taxpayer than they are to the people avid redistributionists complain about.
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This is nonsense. You cannot change the rate of inflation by "fighting" or coercion. If Harris really believes this, she is a danger to the economy.
Great message from Kamala today: "It will be a day 1 priority to fight to bring down prices. I'll take on big corporations that engage in illegal price gouging. I'll take on corporate landlords that unfairly raise rents. I will take on Big Pharma and cap the costs of drugs."
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I'm amazed that the Dems showed themselves so quickly. They think they're going to get a gerrymander from the court. They seem to think they're holding a promissory note and they intend to redeem it. But that's a consequence that no election for Supreme Court can have.
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If you support a President's decision to spend $ 300 billion without congressional authorization, don't whine about "threats" to "our" democracy. You don't support democracy. At least not the American one.
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Denying that Harris was given responsibility to seek a border solution because there is no official title of "czar" by the very people who called her a "czar" is revealing. She was put in charge and failed. Own it. You never wanted a solution anyway.
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No one voted to essentially change the meaning of "sex" to "gender identity." No one voted to turn what is mostly a medical and mental health issue into a civil rights question. If you aren't bothered by that, don't say another word about "democracy." You aren't for it.
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If Trump picks Vance, is he basically saying to traditional American conservatives that he doesn't need us or want us?
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What Jordan Love did today doesn't just happen. It's not just a good game. Whether GB wins another in these playoffs, the Packers will be in the hunt for the no. 1 seed next year and Love in the MVP conversation. I can't believe they did it again but it appears that they did,
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A candidate for Supreme Court essentially calling for a religious test for public office. That may raise the biggest red flag of all.
EXCLUSIVE: Liberal Wisconsin Supreme Court candidate Janet Protasiewicz blasts conservatives Jennifer Dorow and Dan Kelly for attending a Christian law school (Regent University), saying it "raises some red flags." Protasiewicz attended a Catholic law school (Marquette).
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Requiring the Governor and the Legislature to agree on the use of unrestricted funds is adding a check and balance. It is not "eroding" one. I understand that the Governor does not wish to share powers. But he ought to tell the truth about it.
BREAKING: Wisconsinites rejected questions backed by GOP lawmakers to permanently change our constitution and erode our checks and balances.
This was a referendum on our work and the future we’ve been working hard to build together. And Wisconsinites answered.
My statement ⬇️
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From Justice Rebecca Bradley's dissent in Priorities USA:
"An unattended cardboard box on the clerk's driveway? An unsecured sack sitting outside the local library or on a college campus? Door-to-door retrieval from voters' homes or dorm rooms? Under the majority's logic, because
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Once again we have a failure of civic understanding. Our legislature is not chosen by "the state's electorate." It is chosen by the electorates of 99 assembly and 33 senate districts.
It's actually quite simple. A gerrymander as extreme as the one in Wisconsin is not representative of the state's electorate. It is constructed to create a distinct partisan advantage. It warps representation in the state legislature for hundreds of thousands of voters.
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Because they are "out-of-state." IMO, someone doesn't acquire WI residence because they are going to school here unless they have an intention to remain. Without that intent, they reside at their last permanent residence, e.g., their family home.
GOP bill would have UW tell out-of-state students how to vote at home | Wisconsin Public Radio
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Yes. The first amendment does limit the government. That's the point of it.
Supreme Court Justice Ketanji Brown Jackson:
“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways.”
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Ignoring the law is a threat to democracy because the law was enacted by democratic means. If the executive just ignores it, our democratic republic has turned into an elective dictatorship. The "elective" won't long remain.
“…the Supreme Court blocked it. But that didn't stop me."
-the guy who swears he’s defending our democracy
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More from Evers on
@WILawLiberty
: "“Frankly, you can see them grow over time. They had a couple of success stories and other other large donors got behind them, and suddenly they're this powerhouse,” Evers said. “Right now I think they have national prominence, and God help us.”
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Look, if the doctor says there's a spot on your lung, it's upsetting. You don't want that. But booing him won't make it go away. And booing
@repvos
doesn't change the fact that "decertification" as an official act (and not just a sentiment) is - legally - impossible.
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Biden wants to lose. All Trump (who I do not like) has to do is run this. I thought this guy was misrepresenting him. He's not. This is divisive, ahistorical stuff. It's not 1956. Did he really say this? Tell me it's an AI fake.
Joe Biden just told graduates at Morehouse College in Georgia that America hates them because they’re black.
This divisive rhetoric is exactly why Biden is losing support of the black community.
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SCOWIS did not find the maps were unconstitutionally gerrymandered. Municipal islands have little or nothing to do with that. They may be unconstitutional (although they never were before) but they don't constitute a gerrymander or have any significant impact on the expected
#SCOWIS
caught up to what Wisconsin voters have known all along, that the gerrymandered GOP maps were unconstitutional. The ruling today brings us another step closer to building a democracy that works for everyone.
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The idea that there can be no gerrymander because Republicans are still projected to win does not mean that maps weren't drawn to favor Ds. If the political geography of the state suggests, say, a + 13 GOP tilt with neutral maps, rigging them to get to + 3 is a D gerrymander.
The false narrative pushed by the right in Wisconsin about new maps being drawn to gerrymander in favor of Democrats needs to end today. On every map submitted, per
@jdjmke
’s research, Republicans would have won a majority in three Assembly using numbers from the 2022 election.
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Ms. Underly mistates the law. Collective bargaining is a right created by statue. It is not "fundamental."
The right to organize one’s co-workers into a union, and then collectively bargain, is a fundamental American right. It is fitting that we will celebrate the restoration of those rights for many workers this Independence Day.
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The insularity of the UW Regents is shocking. You can pretend that DEI is just about inclusion and fairness but we know it isn't. And we know that one thing that has excluded kids from college is the cost of all the unnecessary apparatchiks who do who knows what.
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The Governor on
@WILawLiberty
"They're active in every part of our lives,” Evers said. “It seems like they are the go-to people on any conservative issue, whether it's voting or just about any walk of life.”
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This guy is shameless. Rich Dem donors buried Dan Kelly and he pretends that the plutocrats are aligned against him. We have met the enemy, Chris. It's you! You aren't the rebel. You're the Man.
The obscene amount of money in politics is bad for our democracy, but we can't pretend it's a level playing field across the board. The wealthy will always outspend the middle class and that has real implications for the policy that comes as a result.
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Where he says the quiet part out loud. Dems think they're going to get a partisan gerrymander from the Court and draw out Vos. Even if you think the GOP gerrymandered, any "fair" map would give the GOP an edge because its voters are less concentrated.
The day Robin Vos is kicked out of office is closer than ever before.
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Even if you think the GOP drew maps with "too much" GOP advantage (more than the natural advantage they clearly have) and even if you think there's a way for courts to decide how much is too much (something that SCOTUS has tried and failed to do for fifty years), pronouncing Vos'
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I can understand that people might not like the Jason Aldean song because he likes guns or flirts with vigilantism. But racist? He doesn't like "carjacking, sucker punches, armed robbery, spitting at cops, etc." Why would one assume that this refers to black people? The great
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This leaves a lot out.
@WisVoter
is honest enough to acknowledge what most of the Twitter mob won't. The GOP has a geographic advantage because its voters are less concentrated.
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This is just a flat out false. Opposing private $ in election administration is not "rooted' in a conspiracy theory or any particular preference for election administration other than it not be outsourced to private money. The fact that I and
@WILawLiberty
support the amendment
"The questions that will appear on the ballot in April would constitutionalize the current Legislature’s preferences for election administration, which are rooted in conspiracy theories."
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If you don't want conservatives like me to trash Trump, then get him to stop trashing our principles. Like stop saying things like he wants to be a dictator on the first day or that he deserves absolute immunity even if he "crosses the line," etc.
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This is just silly. The voters also elected a GOP Assembly and Senate (and would have under any possible maps). The governor no more reflects their "will" than legislators - even Rep. Andraca. He did a crazy and stupid thing to get what he wanted.
Changing the intent of the *voters* — a majority of whom elected
@GovEvers
twice — is also undemocratic.
Maybe if legislative Republicans would stop completely ignoring the Governor’s budgets we would not have to rely on a hyphen to enact the will of the people.
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Tomorrow's election offers a chance to introduce greater accountability and public participation in how federal funds are to be spent. Special interests don't want your representatives involved. Tell them the gravy train is over.
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Right. The "will of the voters" was to allow one person to fix revenue limits for 402 years. That's what they voted for. Tell yourself another one.
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Here's the thing. If you think maps in single member geographic districts should be rigged so 132 district races somehow reflect a measure of statewide partisan preference, you should 1) own it and 2) say why. We'll see what comes next.
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I know these kids are ignorant but calling others "fascists" and then chanting about a "solution" to the presence of Jews is fairly ominous.
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This is false. Evers' maps drew lines based on race. He conceded it. The US Constitution prohibits that except in certain circumstances had not been shown to be present. And, yes, SCOTUS has heard such cases before.
Never forget that a year and a half ago, the partisan right-wing majority of the US Supreme Court unprecedentedly inserted themselves into the maps case to do Robin Vos’ bidding and imposed rigged maps on Wisconsin. Seems to me he thinks that’s his plan again.
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"No person may picnic or camp on university lands, except in those areas specifically designated as picnic or camping grounds, or as authorized by the chief administrative officer. No person may violate any rules and regulations for picnicking or camping established and posted by
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Evers, trying to show he's keeping it 100, says s**t during his speech. What a guy! He can curse. You definitely want to vote for the profane guy.
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Whether or not you think the added risk of in-person voting justifies postponing the election, it can't justify suspending the rule of law. If we allow a Governor to suspend an election because its too risky, then we have greater worries than the coronavirus.
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I certainly hope we can agree that shooting at a candidate for President (or anyone else) is wrong (a mortal sin) and we should be grateful - we should thank God- that evil missed.
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I am very wary of hostile environment claims but this? Putting aside that aside, UWM officials should explain why they are privileging this group by allowing it to break the law and indefinitely commandeer a portion of the campus
To enter Mitchell Hall, a taxpayer funded state building, Jewish and other students and faculty must walk over steps chalked with waves and over the phrase “from the river to the sea” and then past a protester security guard manning the entrance, which bears graffiti reading
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No. It means that agencies will do what they are supposed to do - implement the laws passed by Congress. Courts will do what they are supposed to do - resolve questions about what the law means without the government having a thumb on the scale.
The US Supreme Court has run amok.
Today's decision to reverse the 40-year-old Chevron doctrine, which has required courts to defer to federal agencies' reasonable interpretation of ambiguous laws, means that whoever can afford the best lawyers gets to determine federal policy.
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No, you can't decertify the election. It isn't a close question and there is not some reasonable "differing" legal view. You could pass a meaningless resolution but there really isn't any basis for that and it would have absolutely no effect on anything.
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No. That's not it. It's that D voters are more heavily concentrated. No one really disputes that. The dispute is over what to do about it and social science does not answer that question.
Republicans who push the narrative that Democrats are *only* clustered in Milwaukee and Madison sure like to ignore the fact that cities like Eau Claire, La Crosse, Racine, Kenosha, Beloit, Janesville, Oshkosh, Appleton, and Green Bay have elected Democratic representatives.
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I was going to support
@michelsforgov
anyway but now I learn he lives with golden retrievers. The check's in the mail, buddy.
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Might be nice to point out that the Constitution gives the reapportionment power to the legislature so, yes, they're going to have to vote on commission drawn maps.
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The quote attributed to me is correct but, much as I don't agree with Trump's stolen election claim, it's not really "false" to say there were "illegal" votes. There were dropboxes and, whether you agree or not, SCOWI held that was illegal. (1/4)
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I saw someone asking what the "left" would say to the song "Rich Men North of Richmond." A few years ago that song would have been a leftist anthem. (It still mostly is.) Woodie Guthrie could have wrote that song. Rage Against the Machine could have done an arrangement.
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Absolutely. The first thing we should do for high school kids is reinforce the idea that they're different and separate. Because that's worked really well.
Deranged statement. If WILL cared about easing the anxiety of these incoming high school freshman they wouldn't be whipping up a horseshit outrage campaign targeting their school
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The responsibility for yesterday's shooting is with the shooter. But perhaps it can remind us of the danger in treating a political campaign as a Holy War upon which the future of the country hinges. Elections aren't supposed to be that important in this country.
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Now this is serious stuff. Given how few in Congress care about it, you'll have to excuse me if I don't care whether Hovde has a business or home in CA.
It’s time to shake business as usual up in Washington.
Join our campaign:
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That's not what a conservative is. And those who live in secular dogmatic boxes should not throw stones.
NEW: Clip from
#PopeFrancis
intvw with
@60Minutes
-
“A Conservative is one who clings to something and does not want to see beyond that. It is a suicidal attitude... to be closed up inside a dogmatic box.”
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I know a lot of people who become residents of Florida to avoid income taxes. What remains to be seen is whether the rise of remote work will disperse people and whether places like Iowa may attract folks with some combination of lower taxes, more affordable housing, lower crime,
There’s little to no evidence that people move for tax purposes but yea, everybody is moving to Iowa for lower taxes. Give me a break.
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I just can't wait to see the state's 400 year strategic plan. The last one was written on parchment and has become difficult to read.
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Call me old school, but can we please have a serious election? Just once? To see what it would be like? I don't care if Hovde (who I'll support) runs a bank in CA or whether Baldwin (who I won't) jumps into cold water. He should be the Senator because it'll better for us. Ice
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All of this may be true Jay. But I am afraid that large parts of UW have ceased to be places of inquiry and instead become simple-minded advocates. Yeah we all like engineers and nurse but that's not all you do. And the rest is just not worth funding. You do a bad job. Change it.
The UW System exists to help the State of Wisconsin. I have been a resident of Wisconsin my entire life. Shrinking our budget, when we need to invest in Wisconsin talent to win the war for talent, would have serious consequences. A thread:
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Great work by my colleague
@lukeberg
and our friends
@ADFLegal
. Parents need to know what'd going on with their kids. Europe is learning that treating a medical issue as a civil rights crusade is poor health care. They're adjusting. It's going to take families to make that happen
💥FIRST IN THE NATION💥
Court rules in favor of parents and against school district that secretly transitions children. Schools can no longer change a child's name & pronouns w/o parental consent.
Major victory by
@WILawLiberty
&
@ADFLegal
More here:
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Huge turnout for
@WILawLiberty
's annual dinner. Our speaker was
@KimStrassel
who called for conservatives to focus on principle and optimism.
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"We don't want your votes." What kind of idiot does this?
Lara Trump, the newly nominated co-chair of the RNC says that anyone who doesn't support Trump is “welcome to leave.”
“That's part of the reason that I’m such a great fit for this; there’s no one more loyal to Donald Trump…Than the person you’re looking at right here”
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I'm not surprised by the lack of thoughtful reaction that our friends on the left have to criticism of a presidential decree spending $ 300 billion. No one - on the left or right - should want to have a President to have that power. The statutory justification is laughable. 1/6
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Oh please. Of all the people I might "fear," this guy is pretty low on the list. I'm pretty sure I have "debated" him and, if we ever declined to do so (and I don't recall if we ever did), it's certainly not of "fear." My comms people would expect me to wipe the floor with a guy
This is a dishonest tweet thread from a coward who would never debate the facts or the law with me, because he knows the GOP unconstitutionally rigged the maps, full stop.
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Walz mistates the law. The reason there is no 1A exception for "hate speech" or "misinformation" is not because we like hate or false information; it's because they give to much power to government to decide which is which. Do you want Trump, Harris, Vance of Walz deciding what
Tim Walz: “There’s no guarantee to free speech on misinformation or hate speech and especially around our democracy”
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The idea that keeping private money out of election administration is "appeasing election deniers" is gobsmackingly tribal. We ought to take steps to separate the referees from the teams. If you want more $, get it from public sources.
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Astonishing arrogance. If he really thinks the only options outside of MKE is Cracker Barrel, he needs to get out more.
Milwaukee Mayor
@CavalierJohnson
: "I thought (Josh Schoemann’s comments) were unfortunate knowing that all communities need revenue. If folks are looking at a high-quality dinner or a theater or a fine dining experience, they can come here, or go to Cracker Barrel there."
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Is it just me or when someone begins a political point with "Folks ...," BS is likely to follow.
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Why would it be "news" that Country Thunder is ten miles from Vos' house? This is second grade stuff.
Just letting you know what WI’s most powerful Republican thinks. Country Thunder - where a Black reporter was called the N-word is 10 miles from his house- was this weekend. Didn’t see much political response but this. It’s news.
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Firing Posley won't fix the problem. But Posley is an example of the problem and needs to go. But that's just a start. You want "equity?" Privileged elites in Milwaukee should start by looking in the mirror. You are the problem. That's why you can't fix it.
Keith Posley didn't cause all the dysfunction at MPS and when he and the CFO are dismissed the dysfunction will remain.
The biggest problem, by the way? MPS does a terrible job educating children. DPI is aware of this, and has been for decades. Nothing will change.
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Of course, a strong UW is important. But a UW in which a self-replicating faculty and largely unnecessary bureaucracy enforces a monoculture (and, no, a few tokens at the Disinvited dinner don't mean it isn't a problem) isn't strong. Thread 1/3
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"MAGA ... like Rick?" Tell me you don't know a damn thing about me while not saying you don't.
MAGA Republicans like Rick are pushing two misleading constitutional amendment questions on the August 13 primary ballot. Make sure to turn over your ballot and VOTE NO to prevent another Republican power grab.
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I don't know about Baldwin, but Jay is right about this. He's a commuter.
Again, Johnson is back in WI nearly every weekend, always heading to the airport Monday morning, etc. It's known and documented.
You think you're making an argument, and you're not.
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People wear clothing out of a sense of modesty and dignity. The naked bike riders are like children who want you to watch them spill their milk. It's performative transgression. And the children who write for
@journalsentinel
recite their cliched catechism.
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Were I a presidential candidate who often sounds like she just smoked a bowl, I'm not sure I'd call others weird. I'd want the conversation in another place.
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I understand that the Trump comments on the medals was intended as a joke but wasn't funny. (Why people think Trump is funny is beyond me.) But it does underscore the need for him to get serious. He's tied with or losing to an awful candidate. The time for schtick is over.
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Sachin should not do law. The statute says that absentee ballots must be returned in one of two ways. Drop boxes are not one of those two ways. That means you can't return them by drop box (or by giving them to partisan activists paid by people like Sachin). There's nothing
There actually isn’t a statute prohibiting drop boxes, there’s just a very poorly-written, poorly-thought-out, super-political SCOWIS decision, that, as I understand, is now being reviewed by the court.
Before that goofy decision drop boxes were widely used and thought legal.
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No, there wouldn't. Not from
@WILawLiberty
. As I explained, government can have reasonable time, place and manner restrictions. No camping is reasonable. There would be a problem if you allowed or disallowed camping based on the viewpoint of the campers. But that's not this case.
@Dailytakes
Don’t you think that if some form of the inverse was happening, there would be lawsuits from right-wing groups saying the university’s rules on encampments violate the first amendment? I sure do.
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Poll watchers are not prohibited by the amendments passed yesterday. They are not administering elections, they are watching them. And no the fact that they might answer a question doesn't change that. All of us can answer questions about voting. That doesn't mean we're
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