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U.S. Supreme Court Delays Action On John Doe Case

Lawsuit Challenges Investigation Into Gov. Scott Walker's Recall Campaign Activity

By
John Hilliard (CC-BY)

The U.S. Supreme Court has delayed a decision on whether to hear arguments in a lawsuit seeking to block a John Doe investigation into Gov. Scott Walker’s 2012 recall campaign activity.

The high court was expected to decide on Monday whether to accept the lawsuit challenging the now-stalled probe. However, a separate challenge is pending before the Wisconsin Supreme Court. University of Wisconsin Law Professor Ryan Owens said that’s the most likely reason the federal high court is waiting to weigh in.

“Typically, the U.S. Supreme Court, if it can avoid hearing an issue — certainly a controversial issue — it will do so. In this case, if the Wisconsin Supreme Court can take care of it, then the U.S. Supreme court doesn’t have to,” said Owens.

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Plaintiffs in both the state and federal cases are challenging the tactics prosecutors used in seizing documents from conservative campaign fundraising groups.

Owens said once the state court addresses those issues, the federal court might consider the underlying issue of whether Wisconsin’s campaign finance laws are too restrictive.