2020 News

The New York Times

The Marquette Law School Poll was cited in numerous stories for its national survey of public opinion of the Supreme Court completed three days before the death of Justice Ruth Bader Ginsburg. The poll found Ginsburg to have been the best-known justice. Results also found that substantial majorities of both parties favor hearings on any nominee in event of 2020 vacancy and that a majority of Democrats favor increasing the size of the Supreme Court.

Stories appeared on or in the New York TimesNew York PostWashington PostThe Hill CNNThe GuardianThe Sacramento BeeWMTV-TV (NBC 15, Madison)Wisconsin State Journal and The Armenian Reporter, Sept. 19-22, 2020

Dr. Charles Franklin, director of the Law School Poll, also spoke with the Associated Press for a Sept. 21 story about new voter attitudes toward President Donald Trump, as well as the Washington Post for a Sept. 22 story about the influence of third party candidates in the upcoming presidential election. 

Faculty & Staff
The Washington Post

Rev. Gregory J. O’Meara, S.J., rector of the Jesuit Community at Marquette University and associate professor of law, discussed the self-defense claims being made in the case of Kyle Rittenhouse — the Illinois teenager charged with killing two protestors in Kenosha on Aug. 25. While some experts believe jurors might conclude Rittenhouse felt his life was in danger, O’Meara said he finds that idea unconvincing, “I don’t think a person of reasonable intelligence and prudence would think someone taking a deadly weapon from a 17-year-old is an attack of imminent death or great bodily harm.”

Story appeared in the Washington Post, Sept. 4, 2020

The New York Times

The Marquette Law Poll was cited in numerous stories nationwide for its latest results, which found only a slight change in voting preferences or attitudes in the wake of shootings and protests in Kenosha, Wisconsin, in late August. In early September, 47% of likely voters say Democratic candidate and former Vice President Joe Biden is their choice and Republican President Donald Trump is supported by 43%. Four percent say Libertarian candidate Jo Jorgensen is their choice, while 7% say they would vote for none of these candidates, didn’t know how they would vote or declined to say.

Stories appeared on or in the New York TimesThe HillPoliticoThe Chicago TribuneLos Angeles TimesBloombergNational ReviewUSA TODAYInternational Business TimesCourthouse NewsAljazeeraPatchFiveThirtyEightNews MaxReason.comFOX NewsCBS NewsThe Capital TimesKenosha NewsWisconsin ExaminerWKOW-TV (ABC 27, Madison)WLUK-TV (FOX 11, Green Bay)WFRV-TV (CBS 5, Green Bay)WTVO-TV (ABC 17)WKBT-DT (CBS 8, La Crosse)WISC-TV (3000)Milwaukee Journal SentinelMilwaukee Business JournalWITI-TV (FOX 6)WTMJ-TV (NBC 4)WISN-TV (ABC 12)WDJT-TV (CBS 58)Spectrum NewsWisconsin Public RadioWUWM-FM (89.7)WTMJ-AM (620) and several other stories, Sept. 9-11, 2020 

Dr. Charles Franklin, director of the Marquette Law Poll, also spoke with several news outlets for stories about decreasing economic themes in President Trump’s messaging, as well as his handling of recent protests and the drop in likely third-party voters in Wisconsin. 

Stories appeared on or in the Wall Street JournalU.S. News & World Report and SHOWTIME’s The Circus, Sept. 9-15, 2020

The New York Times

Dr. Charles Franklin, director of the Marquette Law School Poll, discussed how this year‘s presidential race is much more stable in Wisconsin than during the 2016 election, when third party candidates captured more than 6% of the vote in the state and an unusually large number of voters said they were undecided in the final days of the election. “You’ve got a smaller third-party share and a smaller pool of people still to break so that makes it less uncertain going into the last 60 days,” Franklin said. Recent Marquette Law School Polls show there are about half as many undecided voters as there were this time four years ago.

Story appeared in the New York Times, Sept. 7, 2020

Franklin also spoke with Politico and The Washington Post Sept. 1-3, for stories about voter attitudes toward the Black Lives Matter movement.

Faculty & Staff
USA Today

Dr. Charles Franklin, director of the Marquette Law School Poll, and Mike Gousha, distinguished fellow in law and public policy, spoke with local and national news outlets about President Trump’s visit to Kenosha, following the Aug. 23 police shooting of Jacob Blake.

Story appeared on USA TODAYWISN-TV (ABC 12) and Yahoo! News, Aug. 31-Sept. 1, 2020

Franklin also spoke with WITI-TV (FOX 6) for an Aug. 27 story about efforts by the Trump campaign to appeal to Black voters.

Faculty & Staff
The Athletic

Prof. Matt Mitten, professor of law and executive director of the National Sports Law Institute, discussed lawsuits brought against the Big Ten by football student athletes for suspending the 2020 football season. “You’re not going to have a court order the Big Ten to play football in a case like this,” Mitten said. “But if a breach of contract is found, a court can order the Big Ten to not preclude a subsection of its member schools from choosing to play during the fall, if state and local officials in the state give approval and the university’s medical staff has signed off on it.”

Story appeared on The Athletic, Aug. 29, 2020

Mitten also spoke with Law360 for an Aug. 26 story about the antitrust ramifications of any NCAA legislation on paying players.

Faculty & Staff
Wisconsin Examiner

Prof. Edward Fallone, associate professor of law, discussed the lawsuit that the Wisconsin Institute for Law and Liberty has filed against Gov. Tony Evers’ statewide facemask mandate. The lawsuit asserts that Evers' July 30 executive order and public health emergency is simply an extension of the March 12 order — which after its 60-day limit could only be extended with the consent of the state Legislature. “They are seeking to impose a restriction upon the governor’s emergency power that is not contained in the language of the statute,” Fallone said. “They are making it up.”


Story appeared in the Wisconsin Examiner, Aug. 26, 2020

Yahoo! News
Dr. Charles Franklin, director of the Marquette Law School Poll, and Mike Gousha, distinguished fellow in law and public policy, discussed the recent history of presidential races in Wisconsin. "Three of the last five presidential races in Wisconsin have been decided by just a single percentage point,” Franklin said. “So, we are in a close group — a group that was pivotal last time and a historically competitive state despite two pretty substantial wins by President Barrack Obama.”

Story appeared on Yahoo! News, Aug. 15, 2020

Franklin also spoke with the Bangkok Post for an Aug. 17 story about what to expect as political events go virtual — like the Democratic National Convention — as a result of the coronavirus pandemic.

The New York Times

The Marquette Law School Poll was cited in numerous stories nationwide for its latest results, which found that of the likely voters surveyed, 49% support Democrat presidential candidate Joe Biden and 44% support President Donald Trump. Six percent of voters say they will vote for neither, don’t know who they will vote for or don’t want to give an opinion.

Stories appeared on or in The HillNew York TimesForbesChicago TribuneFOX NewsCNNIMPACT 2020Armenian ReporterBloomer AdvanceThe Capital TimesMilwaukee Journal SentinelKenosha NewsWITI-TV (FOX 6)WLUK-TV (FOX 11, Green Bay)WISN-TV (ABC 12)WTMJ-TV (NBC 4)WDJT-TV (CBS 58)WSAW-TV (CBS 7, Wausau)WFRV-TV (CBS 5, Green Bay)Spectrum NewsWisconsin Public RadioWTMJ-AM (620)WUWM-FM (89.7)WHBL-AM (1330, Sheboygan), Aug. 11-12, 2020

The Law Poll was cited in several other stories for additional results that found voters overall are in favor of face mask mandates. 

Stories appeared on or in U.S. News & World ReportMilwaukee Journal SentinelWITI-TV (FOX 6)WTMJ-AM (620)WLS-TV (ABC 7, Chicago), Aug. 11, 2020


Faculty & Staff
Milwaukee Journal Sentinel

Prof. Michael O’Hear, professor of law, discussed the use of the insanity defense in court with regard to a hate crime trial taking place in Fond du Lac, Wisconsin. O’Hear said when “the defense could also convince a court that the defendant knew his actions were wrong but couldn't ‘conform his conduct to the law’, this is called the ‘irresistible impulse.’”

Story appeared in the Milwaukee Journal Sentinel, Aug. 10, 2020