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Dane County District Attorney Ismael Ozanne had argued Republicans violated the state's open meetings law during debate on the measure. The Supreme Court ruled in June 2011 the law stands.
Ozanne in December asked the court to reconsider the case. He argued the Michael, Best & Friedrich law firm both defended the law and gave Justice Michael Gableman free legal help in the past, raising questions of impropriety.
The prosecutor demanded Gableman recuse himself from further proceedings. Gableman refused, saying he could be impartial.
The Supreme Court tied 3-3 Friday on Ozanne's request to rehear the case without Gableman. It would have taken four votes to proceed.
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