From this afternoon’s Wassau Daily Herald.
Judge denies request to block implementation of Wisconsin collective bargaining law
1:08 PM, Mar. 11, 2011 |
Written by
TODD RICHMOND and SCOTT BAUER
The Associated Press
Republican Gov. Scott Walker signed the legislation Friday morning, but it doesn’t take effect until the day after an official secretary of state notice is published in the Madison newspaper.
Democratic Dane County Executive Kathleen Falk has filed a lawsuit seeking to stop the publication. She argues the state Senate unconstitutionally passed the bill Wednesday.
Dane County Circuit Judge Amy Smith declined to issue an emergency order blocking the law, saying Falk’s attorneys didn’t prove how publishing it would inflict irreparable harm on anyone. The judge scheduled a full hearing in the case for Wednesday.
Earlier story
A judge was considering Friday whether to block enactment of a law taking away nearly all collective bargaining rights from the vast majority of Wisconsin’s public workers.
Republican Gov. Scott Walker signed the legislation Friday morning, but it does not take effect until the day after an official notice from the secretary of state is published in the Madison newspaper. A lawsuit filed by Democratic Dane County Executive Kathleen Falk attempts to stop the publication on the grounds that the bill unconstitutionally passed the state Senate on Wednesday.
Secretary of State Doug La Follette said the governor asked him to publish the official notice Monday, but he wanted to talk with Walker before taking that step.
“It doesn’t strike me as prudent to do anything when there’s a possible court action,” said La Follette, who opposed the bill. “It’s been rushed enough already.”
La Follette said his typical practice is to wait the 10 business days he’s allowed under state law before publishing a law.
Dane County Circuit Judge Amy Smith was hearing arguments in the lawsuit Friday afternoon. It was not clear when a decision would be issued.
The lawsuit contends the Senate did not have the legally required quorum of 20 senators when it passed the bill. Only 19 Republican senators were there when the vote was taken on a stripped-down version of the bill that did not include spending items. Had the spending items been included, at least 20 senators would have had to be present. That number couldn’t be reached because all 14 Democrats had fled the state three weeks before in order to block the vote.
Prior to the Senate taking up the bill, a special committee was convened to remove the fiscal items so a vote could take place. Senate Majority Leader Scott Fitzgerald said he ran the move by the Legislature’s bill drafters, attorneys and fiscal bureau and all three said it was legal.
But the lawsuit points out that Walker and Republican lawmakers had repeatedly said every part of the bill had a fiscal impact, including the collective bargaining pieces that remained intact.
Falk argues in the lawsuit that fiscal items remained in the bill and for that reason the vote should be invalidated. She also argues that the special committee meeting to remove the fiscal items was in violation of the state open meetings law because it convened with less than two hours’ notice.
State law generally requires 24 hours’ notice unless there’s an emergency. Senate Clerk Rob Marchant has said the meeting was legally called under rules of the Senate that have no time requirement.
Story link follows:
Gilbert comment. For all those readers who have been moaning and groaning I hate to remind you but the ink is dry. All that is needed now is for the Wisconsin Sec. of State to place an official notice in the Madison newspaper within 10 days.
I like that picture – it looks like it is about to STORM on Governor Nero. There’s a hard, oh there’s a hard, oh there’s a harrrrd rain……. gonna fall!
Can’t disagree with you more Vern – in this particular case we will probably see who is right pretty quickly.
Yeah, can’t predict how the court case will turn out. The recalls though … I am BULLISH on them.
“I am BULLISH”……. Hmmmmm
Did you meant to say I am BOVINE?
*We like the part where Governor Walker orders in the Storm Troopers and Brownshirts to
make sure the Unions won’t avoid Krystalnacht! Sarah Palin is having hers’ tailored as we
speak!
rw
You are disappointing me Winships!….. I thought you were intellectual people.
The IQ was always questionable in your case because it is genetically promulgated by the GOD but intellect can be acquired via the education…… too much ganja in your schooling age?…. or Sex?…. or both?
Thanks for the report Larry. The fleebaggers are 0 for 1 with many more legal challenges to come. Here’s hoping the unions haven’t bought any judges as well as legislators.
Well, I don’t think these legal back-n-forths are really worth their own posts. Their own COMMENTS, maybe. So here’s the latest from today, WI judge DOES put a temporary restraining order on Walker’s union-busting bill:
http://www.politico.com/news/stories/0311/51556.html
“It seems to me the public policy behind effective enforcement of the open meeting law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law),” Sumi said, according to the Milwaukee Journal Sentinel.
Walker signed the bill into law March 11. Publication of the bill, which LaFollette had scheduled for March 25, would give the highly contested legislation full force and effect…
The district attorney in the case is claiming that the lack of notice given before the conference committee convened is tantamount to a violation of Wisconsin’s open meeting laws, and that the public did not have time to attend the session.
Sumi’s ruling Friday is at least a temporary setback for Walker, who to date has overcome weeks-long protests and an intense media spotlight to push through a budget repair plan that many Democrats and union leaders believe puts a disproportionate burden on many of the state’s public workers, including teachers. If Sumi eventually rules in favor of the public officials challenging the manner in which the bill was passed, lawmakers might be forced to reconsider the legislation, leaving Republicans vulnerable to further protests in Madison like the ones that raged there for weeks…
Read more: http://www.politico.com/news/stories/0311/51556.html#ixzz1GyPnbl00
Again Nelson, letting Walker fail is good!
No change is good!
People need more union dipping into their packets so they get the message, the zit is not ripe yet.
Same like this city-hall idiot in Costa Mesa who jumped out of the window yesterday because he got layoff.
If we will not dismember greedy unions more layoffs and more city-hall idiots will jump out of the window……. good!
You socialists are geniuses.