In February, the special prosecutor
asked that one or more justices drop out of the cases, presumably because they have benefitted from spending by the Wisconsin Club for Growth and Wisconsin Manufacturers & Commerce.
The Wisconsin Club for Growth is estimated to have spent $400,000 for Ziegler in 2007; $507,000 for Gableman in 2008; $520,000 for Prosser in 2011; and $350,000 for Roggensack in 2013.
WMC spent an estimated $2.2 million for Ziegler; $1.8 million for Gableman; $1.1 million for Prosser; and $500,000 for Roggensack.
In addition, Citizens for a Strong America — a group funded entirely by the Wisconsin Club for Growth — spent an estimated $985,000 to help Prosser. The spending estimates come from the Wisconsin Democracy Campaign, which tracks political spending.
The justices did not give a reason for why they don't view that spending as a conflict, but court rules say political spending on its own is not enough to force a justice off a case.
In the 2011 race, Prosser defeated JoAnne Kloppenburg. She later was elected an appeals court judge and participated in one of the challenges to the probe even though she had money spent against her by groups involved in the probe. Kloppenburg is
again seeking a seat on the high court — this time for the seat Crooks is expected to vacate when his term ends next year.
Abrahamson has benefited from spending by unions and liberal groups, but those entities were not involved in the investigation or the litigation over it.
Prosecutors could ask the U.S. Supreme Court to review Thursday's decision because justices did not step down from the case or on the First Amendment issues the Wisconsin high court raised.
