I’m not a legal expert — nor have I read the decision — but if I had to venture a guess, the Wisconsin justices most likely outlined their reasoning based on a number of key facts, most strikingly, that Judge Sumi’s initial ruling was dishonest, partisan, and in no way aligned with any possible reading of applicable law or precedent, largely because she’s a judicial disgrace who should be reprimanded or, in a sane world, immediately recalled from the bench.
— is my surmise.
Of course, that’s just a paraphrase of a guess. So take it for what it’s worth.
(h/t Silver Whistle)
****
update: I should add — and this is in keeping with other arguments I’ve made here — that I’m greatly troubled by the 4-3 vote. This means that 3 justices, liberals all, I’m sure, were willing to rule to uphold what was an unashamed, barely-disguised instance of the worst form of partisan judicial activism.
Which further suggests that liberal justices cannot be counted on to do more than simply work back from the decision that want to reach, and using every rhetorical and hermeneutic massaging that they can to justify how the text, when looked at through new contexts and with the right emanations and penumbras, can get them there.
One vote stands between the rule of law and tyranny backed by a compliant, partisan judiciary. That’s the message the liberals will take from this. Meaning, they’ll have to try harder to stack those courts.
this part has been highlighted by a few folks:
“This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature.”
It continues with a basic civics lesson for the progressive mob.
The head of the progressive wing of the Court concurs in part, dissents in part.
Concurrence
I agree that the Budget Repair Bill is not in effect. I further agree that the certification by the court of appeals should be denied
double-think non-concurrence
It is exactly because the issues in the present case are of such constitutional and public policy importance that I do not join the order.
Translation. Clearly a court cannot impose prior restraint on legislators. However, I really feel very, very deeply about this, so I vote to impose the prior restraint anyway.
Yup. Definite judicial bitch-slap there.
Three things over the last five years or so partly restore one’s faith in this land of Constitutional blight. Two of them were rulings affirming the right to bear arms.
This is the third: A resounding confirmation that at the end of the day, the legislature can tell the bench to go stuff itself.
Paragraphs 90-95 are things of beauty.
I like this bit at Ace.
If that decision was a legal woodshedding, Judge Sumi’s butt must be pretty sore.
Except it’s not a legal woodshedding and her butt is still planted on the bench.
I wonder if there’s any way to impeach them for this kind of ridiculous over-reach coupled with clear bias that refuses to recuse itself precisely for the reason it should crap.
kelo
Looks like the Koch Brothers bought themselves a Supreme Court.
Entropy, while a tar and feathering in downtown Madison would be a refreshing folk remedy, rarely do they kick a judge off the bench for misconduct like this. She is like Weiner, but without a wiener.
@JD: Looks like the Koch Brothers bought themselves a Supreme Court.
Wow. Just wow.
Actually, the unions bought themselves MaryAnn Sumi. And three members of Wisconsin’s court.
The truly scary thing is how many people like you, JD, who are willing to throw away our Constitution and basic processes of the rule of law to get what they want. And how close you are to destroying the system. This country is truly in a perilous time.
Um, ER Dude? That was JD snarking. We are in perilous times, though.
Exper Req, you need to see JD’s tongue about to poke through his cheek I think.
[…] And check out Jeff, whose update covers the most important aspect of this finally happy travesty. ShareDelicious Dan CollinsDan Collins is a dude who blogs. He used to blog elsewhere. Now he blogs here.Website – More Posts Categorized under: Politicas Desnudas!. Tagged with: Budget, Governor Scott Walker, judge Sumi, politicizing the law, Wisconsin. […]
what country is protein wisdom bad for?
the only reason we should throw away our constitution is if-we could[we can] make stealth paper aeroplanes out of it and
tiger woods ex-wifey caught in her sweet shiny swedish teeth and make grr grr sounds
happy summer Mr. buttons!
Duh. We all know it wasn’t the Koch Brothers. It was the racist teabagging oligarchs.
people in Wisconsin should be very cynical about whatever their courts rule, even when it’s in their favor
it sounds like the system is pretty darn corrupt there
I had a little party all by myself in the garage when I heard this on the radio.
Sorta figured it was coming but I still drained a beer and did a little dance.
And other — unspeakable — things.
Btw, I think Pablo and sdferr are totally wrong.
JD is a damn communist if I’ve ever seen one.
Bh – I told you, under no circumstances, should you drink and Weinertweet.
bh, are you trying to blow my cover? What the fuck is wrong with you? Your checks still clear, right? Mr. Soros is not going to be happy with you.
Wait, I thought you were going to play the good conservative in this thread, Pablo. Pretty sure I’m on reactionary duty tonight.
He doesn’t pay us enough to keep track of all this.
Maybe we should ask AJB or the guy on fake Bircher duty.
Commie. Red to the bone. Busted.
A confession!
Burn him! Burn him!
A red, a commie and probably a witch as well.
(If you’re actually strung up tonight, I should probably apologize at some point, JD.)
I had my aunt, an avowed communist, and uncle, history prof socialist’ stay with us last weekend. They were kind enough to get into the expensive Meritages in the cellar, and proceed to rail on capitalists. They drove the first Prius ever to darken my property, and requested organic vegetables and vegan meals.
Time to start doing just that. You want to end judicial overreach? Chop their arms off, every chance you get, until they stop overreaching.
Or is that too Visigothy?
Depends. Do you follow up with micro-surgery to stop the bleeding or just use a big-assed cautery iron?
Acetylene torch.
JD, any chance the organic sprouts were German?
Okay, it’s killing me now because I really don’t remember it. Who said Visigoth first? Was it Moran or that proxy guy who argued Moranically in the comments for awhile? Was it a Jeff line?
Who brought the Visigoths to the gate?
I do not do organic, Stephanie. ;-)
Heathen!
Mel Brooks wasn’t it?
Sumi, sumi, what can you do me? I loathe you.
Who brought the Visigoths to the gate?
I blame Capital One.
It was the moron Moran.
Moron did it, bh. I have my oilcloth wrapped torch on the ready.
Basic human rights, no? Like high speed internet.
“…and requested organic vegetables and vegan meals.”
JD, I am sorry you had to go through that. Getting into the decent wine is one thing, doing what your aunt and uncle did is quite another. I hope you got regular veggies from the store and said they were organic, then slipped lard and butter into everthing.
It’s good times at #WiUnion…
I am a bad person. I googled vegan restaurants and forwarded the results to them.
Serr8d – that link is fucking hysterical.
This guy makes ‘Jabba the Filmmaker’ look puny.
To find a vegan restaurant around here, you have to drive up to Bmoe’s neck of the woods or down towards Emory. You know, hippie territory…
Bmoe, did you see who is playing Snellville this weekend?
Wait — what?
You want the bleeding stopped!?
<walks away, shaking head and muttering to self>
Heck, think of the poor janitors in the courthouses McG. The sooner the mess quits spouting (squirting, dripping, whathaveyou), the less they’ve got to clean up.
Some people say that meat is murder.
To them I say, murder is tasty,
JD I saw but can’t seem to find a video about a meatatarian couple visiting a vegetarian and being surprised and offended by the host’s lack of sensitivity to their carnivorous dietary constraints.
Sdferr, that’s easily dealt with. You take the judge out to the flower beds and do it there.
Good for the rule of law, and good for the flowers. Win-win.
Here’s somethiing for your vegetarian friends: Corky Seigel singing Idaho Potato Man
Excellent point McG; plus Visigoths likes ’em a stroll amidst the peonies as much as the next guy.
But we draw the line at tiptoeing through the tulips.
Actually, I think it has more of an Ostrogothy tone.
No love for the Vandals.
I mean, they were freakin Vandals.
Visogothize the language? I think not.
The tragic thing about the East Goth West Goth rivalry, with Burgundians and Vandals on the side, is that the whole time the future belonged to the Franks.
Vegan houseguests? Poor JD.
I solve the “assholes drinking the expensive wine” problem by not having any expensive wine. Very effective strategy. However, touch my Laphroaig without permission and you’ll be lucky to draw back a stump.
For @52
I’d save every empty bottle of the expensive ones, fill with something cheap of the same color, recork and place them in the “special reserved” section of the wine cellar reserved for those “special” honored guests.
Could do the same with the single malts too. Chances are the “special” guests would not know the difference as they are just drinking the label not the stuff inside.
#47: That gentleman looks pretty well-nourished.
#62: That’s just the type of underhanded cleverness I expected from you. Good work.
JD, forward them this link … they’ll thank you. Honest.