Since the Wisconsin Supreme Court race will go to a recount, as always that recount will be litigated.Â If it is litigated, it will be appealed.Â And of course the final arbiter in the Wisconsin court system is — the Wisconsin Supreme Court.
Nightmare Scenario #1: The justices deadlock 3-3 on partisan grounds, leaving whatever intermediate appellate court decision to stand.
Nightmare Scenario #2: The Court votes 4-3 in favor of Prosser with Prosser voting for himself.Â No, I don’t really believe it, either.Â But if it is anything like the United States Supreme Court, the justices are their own judges on recusal (any reader who knows the rules please comment and link!).Â And there is no indication — as in none — that Republicans have any kind of commitment to institutional rules that would led to any self-limiting action.Â Besides, let’s say Prosser didn’t recuse himself: any challenge to it would go to — the Wisconsin Supreme Court, which would deadlock.
Just a thought.Â Sweet dreams!