From the Corner:
Wisconsin’s attorney general, J.B. Van Hollen, has appealed Sumi’s order to Wisconsin’s Fourth District Court of Appeals. Text of the appeal can be found here.
Van Hollen’s argument appears to hinge on three main points:
1. The Dane County district attorney lacks standing to challenge the actions of the legislature, as legislators are granted immunity from prosecution by the state constitution.
2. The judicial branch has no authority to halt the publication of an act. The attorney general argues that a law cannot be properly challenged until it actually becomes law, and cites Wisconsin Supreme Court case history to show that Sumi’s temporary restraining order was unprecedented. A previous court ruling held that “no court has jurisdiction to enjoin the legislative process at any point,” which is exactly what Sumi’s order sought to do.
3. No violation of the state’s open-meeting law actually occurred to warrant blockage of the law’s publication. Wisconsin statutes provide that when legislative rules and state statutes conflict, it is the rules that take precedent. Walker’s bill was passed in a special session, and legislative rules allow special-session bills to circumvent the normal 24-hour notice requirement.
Included in Van Hollen’s filing is a request to appeal the case directly to the Wisconsin Supreme Court. The Dane County district attorney has filed his response to Van Hollen with the appeals court. (Text here.) The bill was originally scheduled to become law on March 25, but now the timetable for enactment is unknown.
Personally, I think Walker should simply ignore the ruling. The court has no jurisdiction over the rules of the legislature, and pretending that it does sets a bad precedent.
But then, I’m all for subjecting police and fire fighters to the same rules for collective bargaining as the rest of the public sector employees in Wisconsin. And I’d begin a recall of Judge Sumi. Which makes me a bit of an extremist.
So. Grain of salt, etc.
FTFY.
(But then, I’m extremist to the max — I don’t think public sector employees ought to be unionized at all.
Which puts me in some good company, or so I’m told.)
JoAnne Kloppenburg Accepted Donation From Judge Sumi’s Husband
Why wait for recall when you can just impeach?
I agree that Walker should ignore the ruling, for the reasons you stated. Also, the foaming at the mouth of the left would be legendary.
The TRO was issued by a county judge, I understand. Does her
“ruling” have jurisdiction over the entire state.
In order to prevent the bad precedent of a low-level in-the-pocket hack from gumming up the works of the people, why not settle for splitting the baby? Just don’t publish the law in
Dane county alone?
Put me some lawyering knowledge.
Cordially…
“Personally, I think Walker should simply ignore the rulling”
Exactly my thought.
Remember, Abe Lincoln was a Republican.
“I have a temporary restraining order!”
“From the Small Claims Court? Get lost, pal.”
“this is what democracy looks like!”
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I think he should do both. Just ignore the halt, and take a bit of time to legally remind the judge that while her ideas are cute and all, the adults are talking and she should go back to the kiddy table (county court). It’s helpful to point out WHY the ruling is totally off base. Put it on the books so this doesn’t become the standard way of doing things.
What WI really needs is a wise latina.
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What Wisconsin and pretty much the rest of the United States needs is a good slap on the head.
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This is all actually a bit scary.
This nincompoop of a judge, who uses her title as “judge” to do her son’s will, has absolutely no business issuing such a ruling. Not based not in the law, but on some other leftist bullshit about “policy”. Policy is not the law, the LAW is the law. But the left has had enough time to corrupt and eat the brains of our children. Forget logic, and listen to the meme!
we are in neck deep, and sinking. The left has almost gotten enough freeloaders to enforce the “Your money are my money” Marxist crap.
Why should anyone care when all of your sweat equity is owned by the state? What they haven’t figured out (and what the USSR personified), is, where do the jobs come from when no one has ANY incentive to bust their butt?
OBAMA’S BUTT! THAT’S WHERE! ALL THE MONEY COMES FROM HIS SPHINCTER, AND HE CAN SLAM IT SHUT WHENEVER HE FEELS LIKE IT!
What a lying piece of sewer meat that little “O” boy is.
It gets worse, zino3.
I’m pretty sure Soros is the anti-Christ. That is one evil dude…
“State treasurer offers plan to eliminate his office, secretary of state’s office”
I question the timing. Heh.
Jeff,
You see these?
http://blogs.forbes.com/afontevecchia/2011/03/16/central-banks-dump-treasuries-as-dollars-reserve-currency-status-fades/
http://blogs.forbes.com/afontevecchia/2011/03/02/bernankes-qe2-is-a-beggar-thy-neighbor-policy-says-former-argentine-central-banker/
The end of the second link has something interesting or troubling as well.
Who exactly decides if we move to central control or keep global capital private?
There seem to be lots of ideas and thoughts but the game plan is far from clear.
Screw it.
Roll the dice, scream at the results, and then pick a judge who’s son is totally involved with the unions. Jurisprudence my ass.
God bless America.