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Judge grants temporarily injunction barring enforcement of voter ID law in April election [WI]
Wisconsin State Journal ^ | Tuesday, March 6, 2012 1:45 pm | ED TRELEVEN

Posted on 03/06/2012 11:53:14 AM PST by Hunton Peck

A Dane County Judge on Tuesday granted a temporary injunction that bars the enforcement of the state photo ID law at polling places during the general election on April 3.

Circuit Judge David Flanagan said that the Milwaukee Branch of the NAACP and Voces de la Frontera had demonstrated that their lawsuit against Gov. Scott Walker and the state Government Accountability Board would probably succeed on its merits and had demonstrated the likelihood of irreparable harm if the photo ID law is allowed to stand.

Flanagan ordered Walker and the GAB to "cease immediately any effort to enforce or implement the photo identification requirements" of the law, pending a trial on a permanent injunction scheduled before him on April 16.

"If no injunction is issued, a clearly improper impairment of a most vital element of our society will occur," Flanagan wrote. "The duty of the court is clear. The case has been made. Irreparable harm is likely to occur in the absence of an injunction."


TOPICS: Breaking News; Crime/Corruption; Front Page News; Government; Politics/Elections; US: Wisconsin
KEYWORDS: corruption; democratcorruption; democrats; democratvoterfraud; electionfraud; elections; flanagan; fraud; judicialtyranny; liberalfascism; madison; naacp; votefraud; voterid
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1 posted on 03/06/2012 11:53:19 AM PST by Hunton Peck
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To: Hunton Peck
Rewrite the Law to include the Death Penalty for anyone voting Illegally, then.

It eliminates Repeat Offenders.

2 posted on 03/06/2012 11:55:32 AM PST by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Hunton Peck

One wonders what the irreparable harm might be.


3 posted on 03/06/2012 11:56:46 AM PST by ripley
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To: Hunton Peck

This doofus “judge” needs to make it illegal for ANYONE to ever ask for a photo ID for ANYTHING! “Judgey” must be a ‘RAT and is worried about the ‘RATS’ chances in the upcoming elections. He’s just trying to keep voter fraud alive for his massas down at the DNC.


4 posted on 03/06/2012 11:56:46 AM PST by FlingWingFlyer (It's time for the DemocRAT voter base to start paying their "fair share" of taxes.)
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To: Hunton Peck

Another judge purchased by the Left!


5 posted on 03/06/2012 11:57:18 AM PST by mongo141 (Revolution ver 2.0, just a matter of when, not a matter of if!)
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Judge Flanagan’s seat is one of those up for a vote on April 3.


6 posted on 03/06/2012 11:58:30 AM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: afraidfortherepublic

Tyrant judge ping!


7 posted on 03/06/2012 11:59:31 AM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: ripley
One wonders what the irreparable harm might be.

The Communists couldn't cheat. We can't have THAT.

8 posted on 03/06/2012 11:59:52 AM PST by Colonel_Flagg (No surrender.)
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To: Hunton Peck
Circuit Judge David Flanagan said that the Milwaukee Branch of the NAACP and Voces de la Frontera had demonstrated that their lawsuit against Gov. Scott Walker and the state Government Accountability Board would probably succeed on its merits and had demonstrated the likelihood of irreparable harm if the photo ID law is allowed to stand.

Yeah, irreparable harm. Photo ID would mean that only live voters could vote, and only one time each! That's SO unfair to blacks and hispanics.

Not a word about the unfairness of the dead and multiple voters canceling out our votes...

9 posted on 03/06/2012 12:00:29 PM PST by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: All

For anyone wondering, the recalls are not included in the election April 3.


10 posted on 03/06/2012 12:01:00 PM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: FlingWingFlyer

well this is Dane County aka Madistan..


11 posted on 03/06/2012 12:02:09 PM PST by RitchieAprile
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To: Hunton Peck

This is just SICK. I can’t stand what is happening in my great state. These #%)(#*&)$(* will NOT stop us from using Voter ID. We need to dump these radical lefty judges.

Our state and the country is full of them, hence Kagan, SEWToMyEar, etc.

Next time I buy a bottle of wine at a local Wisconsin Grocery store I’ll tell them to take a hike. See where THAT get’s you.

How can those of us who work for a living keep up with these attacks?


12 posted on 03/06/2012 12:08:33 PM PST by WaterWeWaitinFor (If we don't help make a change, then who will? It starts with us.)
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To: Hunton Peck

How does a county judge get that kind of power?


13 posted on 03/06/2012 12:11:47 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: FlingWingFlyer

I can’t go to the Dr. without showing 2 photo ID’s, can’t get a prescription filled without one, can’t get on a plane without one,can’t go to the hospital without one,can’t get a bank account without one,can’t cash a check without one, but you can do the most important thing in this country without one, VOTE. What the HELL is going on in this country, WAKE UP AMERICA, stand up and fight.


14 posted on 03/06/2012 12:12:35 PM PST by onthegulf
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To: Hunton Peck
"Judge Flanagan’s seat is one of those up for a vote on April 3.

Are they unfamiliar with the term "conflict of interests" in WI? Go to the state supreme court to have the injunction lifted.

15 posted on 03/06/2012 12:15:36 PM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: Hunton Peck; Diana in Wisconsin; TaMoDee; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ...

Outrageous. I have lived here more than 25 years, and this law has been passed by the legislature and by the people in a referendum several times during that period, only to be vetoed by a Dem Governor. I work at the polls and my poll was 100% co-operative and grateful for the voter ID finally becoming law.

Wisconsin Voter ID Ping

FReep Mail want on, or off, this Wisconsin interest ping list.


16 posted on 03/06/2012 12:17:00 PM PST by afraidfortherepublic
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To: Hunton Peck

Once more, a black-robed tyrant exercising his right to force his laws on the right of people to determine their own laws. Nothing but corruption setting on a bench.


17 posted on 03/06/2012 12:19:54 PM PST by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: Hunton Peck

Once more, a black-robed tyrant exercising his right to force his laws on the right of people to determine their own laws. Nothing but corruption sitting on a bench.


18 posted on 03/06/2012 12:20:13 PM PST by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: afraidfortherepublic

Please put me on your ping list. What are the citizens of Wisconsin going to do about this?


19 posted on 03/06/2012 12:20:37 PM PST by itssme
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To: Hunton Peck

temporary means just until the elections are over


20 posted on 03/06/2012 12:20:47 PM PST by drypowder
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To: ripley
The irreparable harm is the judge.

How in the hell could there conceivably be any harm to anyone just to be required to show an ID to vote, for crying out loud!...

These friggin lunatic judges are exacerbating the tyranny problem by forming an alliance with the hyphenated group: dead-beat-Americans.

21 posted on 03/06/2012 12:20:47 PM PST by B.O. Plenty (Elections have consequences....)
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To: Hunton Peck

Well, if recent history is any guide, any attempts to rein in voter atrocities will be met by black-robe edicts that will send the complainees back to cowering in their corners. NULLIFY!!! Ignore the black-robes. Remember, practically everything Hitler did was “legal” under German law.


22 posted on 03/06/2012 12:21:58 PM PST by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: WaterWeWaitinFor

Well, if recent history is any guide, any attempts to rein in voter atrocities will be met by black robe edicts that will send the complainees back to cowering in their corners. NULLIFY!!! Ignore the black robes. Remember, practically everything Hitler did was “legal” under German law.


23 posted on 03/06/2012 12:22:59 PM PST by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: Hunton Peck

I suppose Wisconsin teenagers can now all crash the liquor stores using this judge’s ruling as precedent?


24 posted on 03/06/2012 12:28:07 PM PST by Buckeye McFrog
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To: All
A must read...

The Liberal Fear of Voter Identification
25 posted on 03/06/2012 12:31:43 PM PST by SpaceBar
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To: Hunton Peck

Anyone know if this ruling is gonna be appealed? Another tyrant judge activist making decision the legislature is supposed to make.........


26 posted on 03/06/2012 12:31:43 PM PST by ducttape45
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To: afraidfortherepublic; All
The story has been expanded and rewritten now, as follows:
A Dane County judge on Tuesday barred the enforcement of the state photo ID law at polling places during the general election on April 3, calling it an "extremely broad and largely needless" impairment of the right to vote.

Circuit Judge David Flanagan said the Milwaukee Branch of the NAACP and Voces de la Frontera had demonstrated that their lawsuit against Gov. Scott Walker and the state Government Accountability Board would probably succeed on its merits and had demonstrated the likelihood of irreparable harm if the photo ID law is allowed to stand.

Flanagan granted a temporary injunction ordering Walker and the GAB to "cease immediately any effort to enforce or implement the photo identification requirements" of the law, pending a trial on a permanent injunction scheduled before him on April 16.

"If no injunction is issued, a clearly improper impairment of a most vital element of our society will occur," Flanagan wrote. "The duty of the court is clear. The case has been made. Irreparable harm is likely to occur in the absence of an injunction."

Republicans pushed the law through the Legislature last year to stop voter fraud. But opponents of the law have said it goes too far and keeps eligible voters from casting ballots, especially minorities, the poor and the disabled.

Democrats applauded Flanagan's decision.

State Rep. JoCasta Zamarripa, D-Milwaukee, said the ruling could boost turnout among Milwaukee's under-represented communities, especially Latinas and African-American men.

"Now they'll be able to head out and cast their votes," she said.

Rep. Chris Taylor, D-Madison, said it was good news for voters, especially seniors who have told her they are struggling to get birth certificates needed to get photo IDs.

Cullen Werwie, the governor's spokesman, said Walker was confident the state would prevail in the case. "Requiring photo identification to vote is common sense. We require it to get a library card, cold medicine, and public assistance," he said. "Ensuring the integrity of our elections is one of the core functions of government."

Spokesmen for Assembly Speaker Jeff Fitzgerald and Senate Majority Leader Scott Fitzgerald did not immediately return messages seeking comment. The GAB declined to comment Tuesday afternoon. The lawsuit is one of several pending in state and federal courts challenging the law. On Monday, Dane County Circuit Judge Richard Niess agreed to allow another lawsuit brought by the League of Women Voters of Wisconsin to go forward, finding that the League is a proper party to bring the lawsuit.

In Flanagan's decision, he wrote that the state constitution establishes voting as a fundamental right. With the photo ID law, Flanagan wrote, Wisconsin now has the "benefit and burden" of the most restrictive voter eligibility law in the U.S.

But the law addresses a problem which is very limited, "if indeed extant," he wrote, and fails to account for the difficulty its demands impose upon indigent, elderly and disabled voters.

"It offers no flexibility, no alternative to prevent the exclusion of a constitutionally qualified voter," he wrote. "By contrast, the sweep and impact of the law is very broad," and steps beyond the proper authority of the Legislature in violation of the state constitution.

"The scope of the impairment has been shown to be serious, extremely broad and largely needless," he wrote. "There is no doubt that the plaintiffs have shown a very substantial likelihood of success on the merits.

Flanagan cited testimony by UW-Madison professor Ken Mayer, who found that as of 2002 there were 221,975 constitutionally qualified voters who do not have a driver's license or a photo identification card. Eligible voters without a license may apply for a voter identification card from the state Department of Transportation, but the assertion that there is no direct fee for that, Flanagan wrote, "is at best a somewhat incomplete picture."

Of 40 affidavits submitted to the court about the process of getting an ID card, 19 said they paid between $14 and $39.50 to obtain a certified birth certificate from Wisconsin and elsewhere.

"This is a real cost that is imposed upon constitutionally eligible voters and was found to be an improper burden by the Missouri Supreme Court," Flanagan wrote, citing that state's case concerning a photo identification law.


27 posted on 03/06/2012 12:55:11 PM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck
Why has that judge not been dragged out of his office, tarred and feathered and send out of town naked and on a rail?

Why?

28 posted on 03/06/2012 12:55:20 PM PST by eCSMaster (Conservative patriots, Rise up!)
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To: Hunton Peck
The FIX has been set in WI for a long time now. Ever since a GOP took the Governorship. The union thugs and the libtards went berserk. WATCH WHAT HAPPENS ON NOV 7, 2012 AND BE PREPARED. I went to a sportsman store yesterday and it was insane. Ammo shelves are emptying out.
29 posted on 03/06/2012 1:03:52 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Hunton Peck

How did someone get to be a senior citizen in Wisconsin - especially in the most urban county in Wisconsin - without having a photo ID? Did these people never drive? Never cash a check? Never buy alcohol?


30 posted on 03/06/2012 1:07:01 PM PST by RonF
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To: Hunton Peck

How did someone get to be a senior citizen in Wisconsin - especially in the most urban county in Wisconsin - without having a photo ID? Did these people never drive? Never cash a check? Never buy alcohol?


31 posted on 03/06/2012 1:07:11 PM PST by RonF
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To: afraidfortherepublic

Further info:

He is up for re-election in April.

He SIGNED THE WALKER RECALL.

How on earth can his judgement not be called into question???

Belling now saying that its likely that if this holds no voter ID for the recall election.


32 posted on 03/06/2012 1:24:10 PM PST by MNlurker
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To: RonF

Voting aside, how does one register to vote without an ID?


33 posted on 03/06/2012 1:28:39 PM PST by Tspud1
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To: Hunton Peck

The governor should have the judge arrested and charged with sedition.Then let the sumbitch defend against the charges.Crazy? No more crazy than the judges decision.


34 posted on 03/06/2012 1:28:39 PM PST by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: Hunton Peck; marktwain

Flanagan quotes the Missouri Supreme court? Will he be quoting sharia law soon?

>>> Of 40 affidavits submitted to the court about the process of getting an ID card, 19 said they paid between $14 and $39.50 to obtain a certified birth certificate from Wisconsin and elsewhere. <<<

These fees, if they were in fact charged, seem reasonable for a lifetime document considering that if I want to exercise my right to bear arms, I need to pay $50 every 5 years for a concealed carry license. I don’t see any judges objecting to that? Maybe some of our gun rights groups would like to bring that before this activist judge.


35 posted on 03/06/2012 1:51:16 PM PST by Principle Over Politics (Romney 2012 is McCain 2008. No more RINOs!)
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To: afraidfortherepublic

Ping!


36 posted on 03/06/2012 2:13:17 PM PST by Jean S
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To: Hunton Peck
Judge Flanagan’s seat is one of those up for a vote on April 3.

Well now, the tangled webs we weave...

37 posted on 03/06/2012 2:18:30 PM PST by Michael Barnes (Obamaa+ Downgrade)
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To: Hunton Peck
From the Wisconsin Dept of Motor Vehicles website:

FREE Wisconsin ID cards for voting

ID cards used for voting are FREE. If you are a U.S. citizen, will be at least 18 years of age by the next election, and require a Wisconsin ID card to vote, please check the ID for FREE box when completing the MV3004 PDF (405 KB) - Wisconsin Identification Card (ID) Application or when applying online. Otherwise, please pay the required fee. DMV service centers accept cash or checks only.

38 posted on 03/06/2012 2:26:16 PM PST by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: Jean S

So, your honor...please explain to me how spending $39.50 to obtain a copy of one’s birth certificate is considered an unwarranted burden, but requiring that same individual to spend many times that amount to obtain health insurance (or else be fined!) Is not? I’m waiting....


39 posted on 03/06/2012 2:31:49 PM PST by DocCincy
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To: Hunton Peck; Diana in Wisconsin; TaMoDee; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ...

Expanded Voter ID Story at #27

FReep Mail me if you want on, or off, this Wisconsin Interest Ping List.


40 posted on 03/06/2012 2:33:34 PM PST by afraidfortherepublic
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To: GeronL

“How does a county judge get that kind of power?”

Because Dane County where Madison is located, seems to have the power to run our entire state-other counties be damned.


41 posted on 03/06/2012 2:33:49 PM PST by Wisconsinlady (KEEP YOUR LEGISLATORS ON SPEED DIAL AND TELL THEM TO GROW SOME)
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To: GeronL

It’s DANE County. Need I say more?


42 posted on 03/06/2012 2:37:10 PM PST by afraidfortherepublic
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To: All
Governor Walker's staff just posted the following on Facebook:
The Dane County Judge who issued a temporary injunction on Wisconsin's Voter ID, signed a recall petition against the Governor that was circulated by the Judge's wife. In his ruling, he cited "Justice William Scalia". - staff
So the ridiculousness of this judge is even deeper than was obvious from the ruling itself.
43 posted on 03/06/2012 2:45:07 PM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck
The technicality seems to be that while the state charges nothing to obtain a voter ID, obtaining a birth certificate with which to get the ID costs up to $39.50, which the judge finds to be an onerous burden to the indigent.

The solution is blindingly obvious: Gov. Walker should simply authorize the department issuing the voter ID to refund the birth certificate cost.

44 posted on 03/06/2012 2:48:18 PM PST by Hebrews 11:6 (Do you REALLY believe that (1) God IS, and (2) God IS GOOD?)
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To: onthegulf

WE DAMN WELL HAD BETTER STAND UP AND FIGHT. THE JACKBOOTS ARE ON OUR NECKS...like Winston Churchill once said, you’d better fight while you still have the chance.

BETTER TO FIGHT ON OUR FEET, RATHER THAN ON BENDED TO SOCIALISM, COMMUNISM.


45 posted on 03/06/2012 2:59:27 PM PST by itssme
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To: afraidfortherepublic
Yeah, Dane. Rhymes with Insane.

Nothing new here.

46 posted on 03/06/2012 3:01:23 PM PST by Flatus I. Maximus
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To: Hebrews 11:6
The judge is being mendacious on even that point. Any of a number of documents can be used to satisfy the proof of identity requirement. A birth certificate is only one of the possibilities.

The long list of options is set out here.

47 posted on 03/06/2012 3:02:51 PM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck
"You will need to show identification to buy Sudafed, and you will be limited to a certain amount of the medication per month. These measures were put in place to decrease the use of pseudoephedrine to make methamphetamine."

What measures have been put into place to eliminate voter fraud?

48 posted on 03/06/2012 3:24:23 PM PST by FedsRStealingOurCountryFromUs
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To: Hunton Peck
How does anyone function in this judges opinion? They can't cash a check, can't buy a car, can't drive a car, can't buy a home, can't use a credit card, the list goes on and on...but it does "irreparable harm" to somebody who can't produce an ID to vote.

Lib Judges should be the first few to be labeled "zombie" when the apocalypse happens.

49 posted on 03/06/2012 3:39:51 PM PST by hattend (Jesus wants me to make churches pay for abortions. - Barack Obama)
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Judge F.:


50 posted on 03/06/2012 3:52:42 PM PST by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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