The Wisconsin Supreme Court last week split 3-3 on whether to discipline Justice Michael Gableman for a campaign ad. Three justices believe Gableman knowingly made a false statement to mislead the public, and three other justices said the ad was distasteful but protected under the First Amendment. Justice Gableman recused himself from the case.
The two sides wrote "dueling opinions" and it was not immediately clear what would be the next step, if any. Chief Justice Abrahamson sent the case back to the Judicial Commission, which announced this afternoon that it is discontinuing prosecution "due to lack of conclusive resolution... by the Wisconsin Supreme Court and lacking authority to do otherwise."
For more about last week's deadlock in the Supreme Court, click here. For more about the Judicial Commission's decision released today, click here.