On Monday, August 12, 2024, Newsmax reported that Wisconsin Supreme Court Chief Justice Annette Ziegler said she continues to pursue alternative means of investigating the leak of a draft court order on abortion access, after the Wisconsin State Capitol Police declined to look into it due to a potential conflict of interest.
According to the article, Ziegler called for an investigation on June 26th after a draft order of the court was leaked, which showed the justices planned to take up a case brought by Planned Parenthood seeking to establish abortion as a right protected by the state constitution. A week after the leak, the court officially accepted the case. The draft order was obtained by the online news site Wisconsin Watch and did not reflect the court’s final ruling on the matter.
Ziegler noted all seven justices – four liberals and three conservatives – agreed an investigation was needed to identify the source of the “apparent leak.” She said the justices asked the State Capitol Police, who are responsible for security at the Capitol building where the court offices and chambers are located, to look into it.
However, a spokesperson for Wisconsin Governor Tony Evers said there was a “clear conflict of interest” given Evers has publicly supported keeping abortion legal in the state and his administration is currently involved in several other cases before the state Supreme Court. The spokesperson said any police investigation would require reviewing confidential court documents and materials related to cases where the administration is a party, which could compromise the probe.
While agreeing a full inquiry is needed, the governor’s office said it remains hopeful the court will pursue another avenue to investigate the matter. Ziegler acknowledged the Wisconsin high court, unlike the U.S. Supreme Court, does not have an independent law enforcement agency that could take over the probe.
The article notes investigations into leaks from the Wisconsin Supreme Court are rare and politically fraught. It cited a 2011 incident where Justice Ann Walsh Bradley accused then-Justice David Prosser of choking her, which was investigated by the Dane County Sheriff’s office after the Capitol Police chief also cited a conflict. However, Republicans at the time claimed the Democratic sheriff had his own conflict.
The piece provided context that the leaked draft order came in one of two abortion cases currently before the state high court. Oral arguments in both lawsuits, which challenge the state’s 1849 ban and a 1985 law, are expected to take place this fall.
Source: Newsmax
