The Conservative Cave
Current Events => Breaking News => Topic started by: Ballygrl on June 14, 2011, 05:26:47 PM
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http://www.jsonline.com/news/statepolitics/123859034.html
Supreme Court reinstates collective bargaining law
Madison - Acting with unusual speed, the state Supreme Court on Tuesday reinstated Gov. Scott Walker's plan to all but end collective bargaining for tens of thousands of public workers.
The court found a committee of lawmakers was not subject to the state's open meetings law, and so did not violate that law when they hastily approved the measure and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had struck down the legislation, ending one challenge to the law even as new challenges are likely to emerge.
The majority opinion was by Justices Michael Gableman, David Prosser, Patience Roggensack and Annette Ziegler. The other three justices - Chief Justice Shirley Abrahamson and Justices Ann Walsh Bradley and N. Patrick Crooks - concurred in part and dissented in part.
The opinion voided all orders in the case from the lower court. It came just before 5 p.m., sparing Republicans who control the Legislature from taking up the contentious issue of collective bargaining again.
Legislative leaders had said they would have inserted the limits on collective bargaining into the state budget late Tuesday if the court hadn't acted by then. But the high court ruled just before that budget debate was to begin.
Continued at the link.
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OK, so this goes to the US Supreme Court.
In the mean time...Wisconsin can put it back up for a vote and make the democrats squirm.
And for good measure, lay off thousands of state employees.
Ya know there are ALL SORTS of fun counter measures...
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No idea why they're even wasting the Courts time by pursuing this, people elected their Legislature, and the Legislature passes laws, WTF are the Courts even involved for?
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No idea why they're even wasting the Courts time by pursuing this, people elected their Legislature, and the Legislature passes laws, WTF are the Courts even involved for?
The thugs are claiming that notice was not posted for 24 hours in advance of the vote in accordance with Sunshine Laws. I would say the claim--on its face--has enough merit for a hearing.
I have not read the WISC decision but methinks the Sunshine Law may not allow for laws passed in violation of it to be nullified. It may well lack an enforcement clause or prescribe some other form of remediation.
It may also be entirely reasonable to assume a county circuit judge overstepped her authority when she sought to nullify the law of an entire state.
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I was right:
It also is argued that the Act is invalid because the legislature did not follow certain notice provisions of the Open Meetings Law for the March 9, 2011 meeting of the joint committee on conference. It is argued that Wis. Stat. § 19.84(3) required 24 hours notice of that meeting and such notice was not given. It is undisputed that the legislature posted notices of the March 9, 2011 meeting of the joint committee on conference on three bulletin boards, approximately 1 hour and 50 minutes before the start of the meeting. In the posting of notice that was done, the legislature relied on its interpretation of its own rules of proceeding. The court declines to review the validity of the procedure used to give notice of the joint committee on conference. See Stitt, 114 Wis. 2d at 361. As the court has explained when legislation was challenged based on allegations that the legislature did not follow the relevant procedural statutes, “this court will not determine whether internal operating rules or procedural statutes have been complied with by the legislature in the course of its enactments.†Id. at 364. “[W]e will not intermeddle in what we view, in the absence of constitutional directives to the contrary, to be purely legislative concerns.†Id. The court’s holding in Stitt was grounded in separation of powers principles, comity concepts and “the need for finality and certainty regarding the status of a statute.†Id. at 364-65.
http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=66078
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OK, so this goes to the US Supreme Court.
In the mean time...Wisconsin can put it back up for a vote and make the democrats squirm.
And for good measure, lay off thousands of state employees.
Ya know there are ALL SORTS of fun counter measures...
If it goes to the S.C., I see no rational reason why they would hear it. Odds are that they will refuse to accept it making the lower court stand.
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You're right there is NO rational reason why they should hear it.
Since when do democrats use rational reasons? The courts have always been the last recourse for rats who can't get what they want through legitimate means.
So the challenge will at least go there. and we get the fun when the DUMies realize they are even rejected by the USSC.
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No idea why they're even wasting the Courts time by pursuing this, people elected their Legislature, and the Legislature passes laws, WTF are the Courts even involved for?
It's how Liberals Legislate, from the bench.