Think Progress: Prosser Hires Bush v. Gore Recount Lawyer Who Claims GOP Opposes Equal Protection

April 7, 2011- As a key sign of just how much Wisconsin Supreme Court Justice David Prosser’s corporate supporters are willing to spend to keep him on the bench, Prosser’s campaign just announced its hire of one of the most high-profile election lawyers in the country — Bush v. Gore recount attorney Ben Ginsberg. Ginsberg, who also spearheaded former Sen. Norm Coleman’s (R-MN) unsuccessful legal team in the 2008 Minnesota recount, is not simply known for his key role in two high profile elections. Ginsberg is also a victim of his own unintentional honesty. In a 2006 speech at Duke Law School, Ginsberg made a surprising admission about what the GOP really thinks about voting rights:

A quick note on perhaps the most interesting issue that came up [during Bush v. Gore] as we dealt with it, and that was Equal Protection . … Now, just like really with the Voting Rights Act, Republicans have some fundamental philosophical difficulties with the whole notion of Equal Protection.

Watch it:

Of course, this view places the GOP at odds with the very text of the Constitution. According to the Fourteenth Amendment, no state may “deny to any person within its jurisdiction the equal protection of the laws.” Nevertheless, Ginsberg will now bring his cavalier attitude towards the Constitution and voting rights to bear in order to ensure that Justice Prosser is still empowered to decide equal protection and voting rights cases for the many Wisconsin residents who will bring cases before his court.


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