On June 16, the 7th circuit upheld a Wisconsin judicial rule that forbids state judges, or candidates for state judge, from endorsing candidates in partisan elections. The vote was 2-1. The decision is Siefert v Alexander, 09-1713. The plaintiff, a Wisconsin circuit court judge in Milwaukee, wanted to endorse Barack Obama in 2008, but was not permitted to do so.

The lower court had struck down the ban. Judges John Tinder, a Bush Jr, appointee, and Joel Flaum, a Reagan appointee, voted to uphold the ban. Judge Ilana Rovner, a Bush Sr. appointee, dissented. She pointed out that Wisconsin judicial rules do not forbid judges, or candidates for state judge, from endorsing candidates in non-partisan elections.

The panel did agree unanimously with the lower court, that another Wisconsin judicial rule, barring judges or candidates for judge from being a member of a political party, is unconstitutional. Wisconsin does not have registration by party. Therefore, “membership” in a political party in Wisconsin generally means that the individual holds himself or herself out publicly as a member of the party. Thanks to Rick Hasen for news about this decision.