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Thread: Wisconsin Judge Halts Further Implementation Of Union Law

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    Wisconsin Judge Halts Further Implementation Of Union Law

    For the second time, a Wisconsin judge has ordered WI officials to stop implementation of Gov Scott Walker's controversial union bargaining law. We'll see how it plays out in the state Supreme Court; but for now, the law is on hold.

    Wisconsin Judge Halts Further Implementation Of Union Law
    MADISON, Wis. A Wisconsin judge for the second time directed the state to put on hold an explosive law that strips most public workers of nearly all their union bargaining rights, ordering officials on Tuesday to follow her original instructions to stand down.

    "Apparently that language was either misunderstood or ignored, but what I said was the further implementation of (the law) was enjoined," said a visibly annoyed Dane County Circuit Judge Maryann Sumi. "That is what I now want to make crystal clear."

    Earlier this month, Sumi issued an emergency injunction prohibiting the Wisconsin secretary of state from formally publishing the law the final step before it could take effect.

    Republican legislative leaders responded by directing the law be published by another state agency, and then declared it valid. State officials began implementing the law this weekend, stopping the collection of union dues for state workers and taking more from their pay for health care and retirement.

    Sumi said Tuesday that action violated her original order, and she made it clear after a daylong hearing that the law was on hold while she considers a broader challenge to its legality.

    The back and forth furthered the often angry debate between new Gov. Scott Walker, his Republican allies in the Legislature and the state's public sector unions.

    Walker and the GOP have aggressively pushed forward their effort to remove the bargaining rights of state workers, using a surprise parliamentary maneuver to break a weeks-long stalemate to get it passed and then finding another route to publish the law after Sumi's order blocked the secretary of state from doing so.

    State Department of Justice spokesman Steve Means said the agency continues to believe the law was properly published and is in effect. Walker's spokesman, Cullen Werwie, didn't immediately return a message seeking comment.

    Wisconsin Department of Administration Secretary Mike Huebsch, Walker's top aide, issued a statement saying the agency will evaluate the judge's order.

    "We will continue to confer with our legal counsel and have more information about how to move forward in the near future," Huebsch said.

    The law requires most public workers to contribute more to their pensions and health insurance. It also strips away their rights to collectively bargain for anything except wages.


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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by Sgt Meowenstein View Post
    For the second time, a Wisconsin judge has ordered WI officials to stop implementation of Gov Scott Walker's controversial union bargaining law. We'll see how it plays out in the state Supreme Court; but for now, the law is on hold.
    Um, Walker and his cronies already ignored the court order once. What makes you think they won't just ignore it again? After all, by their own actions, they are already telling everybody that they are above the law, and that they have the God given right to thumb their noses at the laws of Wisconsin.
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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Not a lawyer, but it appears she ordered "Secretary of State Douglass La Follette" enjoined from publishing or otherwise implementing the law. The Legislative Reference Bureau -- not barred by the order -- went ahead and published it. State Republicans claim that the LRB publication makes it law, a controversial interpretation, but one that the judge is apparently considering given that she crossed out the portion of her amended temporary restraining order that declares "Wisconsin Act 10 has not been published."

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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by Taylor View Post
    Not a lawyer, but it appears she ordered "Secretary of State Douglass La Follette" enjoined from publishing or otherwise implementing the law. The Legislative Reference Bureau -- not barred by the order -- went ahead and published it. State Republicans claim that the LRB publication makes it law, a controversial interpretation, but one that the judge is apparently considering given that she crossed out the portion of her amended temporary restraining order that declares "Wisconsin Act 10 has not been published."
    Interesting. Will be fascinating to see how this plays out.
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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by danarhea View Post
    Um, Walker and his cronies already ignored the court order once. What makes you think they won't just ignore it again? After all, by their own actions, they are already telling everybody that they are above the law, and that they have the God given right to thumb their noses at the laws of Wisconsin.
    They didn't ignore it the last time. They just refused to abide by "the spirit" of the ruling. Now that she's made it clear, they won't challenge it. Please cite where they are showing they are above the law. I'll wait.
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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by Redress View Post
    Interesting. Will be fascinating to see how this plays out.
    Im leaning but not certain that the republicans are going to find it difficult as this goes through the courts. Not only in Wisconsin but other states, for example New Jersey where the court system is dug in for decades and quite liberal. I believe the courts for the most part will be more sympathetic to the workers...I could be wrong.
    What Im waiting to see is the results of all the recalls. That will tell me what the PEOPLE think aside from union workers.

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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by lpast View Post
    Im leaning but not certain that the republicans are going to find it difficult as this goes through the courts. Not only in Wisconsin but other states, for example New Jersey where the court system is dug in for decades and quite liberal. I believe the courts for the most part will be more sympathetic to the workers...I could be wrong.
    What Im waiting to see is the results of all the recalls. That will tell me what the PEOPLE think aside from union workers.
    One would hope they would side with the laws of the lane and the Constitution no matter how liberal they are.
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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by MaggieD View Post
    One would hope they would side with the laws of the lane and the Constitution no matter how liberal they are.
    Just like anything else in court maggie it comes down to who' interpreting the law

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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by lpast View Post
    Im leaning but not certain that the republicans are going to find it difficult as this goes through the courts. Not only in Wisconsin but other states, for example New Jersey where the court system is dug in for decades and quite liberal. I believe the courts for the most part will be more sympathetic to the workers...I could be wrong.
    As I understand it, the case has little to do with the workers. They may benefit for a short time from the outcome, but the case itself asks whether the judiciary has the authority to decide whether the legislature followed its own rules. Given the broad implications of such a decision, I can't see sympathy for workers being much of an influence on the WI supreme court (especially given that it wouldn't invalidate the law, only that particular means of obtaining passage).

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    Re: Wisconsin Judge Halts Further Implementation Of Union Law

    Quote Originally Posted by Taylor View Post
    As I understand it, the case has little to do with the workers. They may benefit for a short time from the outcome, but the case itself asks whether the judiciary has the authority to decide whether the legislature followed its own rules. Given the broad implications of such a decision, I can't see sympathy for workers being much of an influence on the WI supreme court (especially given that it wouldn't invalidate the law, only that particular means of obtaining passage).
    If the law was passed by violating the open meetings law, then it will be struck down by the Wisconsin Supreme Court.
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