Constitutional law expert Rick Esenberg noted Abrahamson is six years into her latest 10-year term. If she would have taken her lawsuit through the appeals process it might take another year to adjudicate. Had she been successful, Abrahamson would have served as chief justice for about three years.
Esenberg said the more plausible explanation is that Abrahamson “recognized finally, but to her credit, that she had little chance of success” in winning the lawsuit.
“Her federal [civil rights] case was weak,” said Esenberg, president and founder of theWisconsin Institute for Law & Liberty. “U.S. Supreme Court decisions, some old, some not so old, seem to foreclose any possibility for success. When you have U.S. Supreme Court cases going against you, your battle is extremely difficult.”
“This is more in the slam-dunk-there-isn’t-really-anything-to-talk-about category,” he said.