Supreme Court will decide whether mobile voting sites are legal

Criminal Law

The state Supreme Court announced Friday that it will decide whether mobile voting sites are legal without allowing any lower appellate courts to rule first.

The Wisconsin Institute for Law and Liberty, a conservative law firm, sued in December 2022 on behalf of Racine County Republican Party Chair Ken Brown, alleging Racine city officials illegally used a voting van to collect absentee ballots that year. A circuit judge ruled in January that state law doesn’t allow mobile voting sites to operate.

Racine City Clerk Tara McMenamin and the Democratic National Committee asked the state Supreme Court in February to review the case without letting any lower appellate courts rule on it first.

Justice Janet Protasiewicz’s election win in 2023 gave liberals a 4-3 majority on the court, increasing the likelihood of a reversal. Brown filed a motion in March asking Protasiewicz to recuse herself from the case but she declined.

The justices issued an order Friday afternoon indicating they had voted 4-3 to take the case. All three conservative justices dissented. Chief Justice Annette Ziegler, a member of the conservative block, wrote that the case hasn’t been fully briefed and the liberal justices are trying to help Democrats make political gains ahead of the November elections.

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USCIS to Begin Accepting Applications under the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

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