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It's been a long painful process and taken a long time but Governor Scott Walker and Republican legislators can finally say "mission accomplished."
The budget repair bill takes effect today.
From the Associated Press:After months of heated debate, ear-splitting protests and legal maneuvering, Gov. Scott Walker's divisive collective bargaining law is finally set to take effect.
Secretary of State Doug LaFollette published the law in the Wisconsin State Journal newspaper on Tuesday. The measure goes into effect Wednesday, capping an ugly four months in Madison that saw state senators flee the state and massive protests at the state Capitol.
The 14 Democrat senators who fled the state to avoid voting on the bill couldn't stop it.
Thousands of protesters couldn't stop it.
LaFollette couldn't stop it.
Judge Maryann Sumi couldn't stop it.
The law takes effect today.
Everything seems to be OK.
Apocalypse not now.
The Wisconsin Supreme Court has overturned Judge Maryann Sumi's ruling blocking the Budget Repair Bill.
Read the ruling here.
From the Milwaukee Journal Sentinel: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.
From Reuters:The Wisconsin Supreme Court on Tuesday said a controversial measure that curbs the collective bargaining rights of public workers can go into effect.
The high court overturned a lower court, which had ruled Republican lawmakers violated the state's open meetings law when they passed the measure.
Well.
That's done.
UPDATE, June 14, 2011: Maryann Sumi's ruling is overturned by the Wisconsin Supreme Court._______________
I knew Dane County Judge Maryann Sumi was going to strike down the budget repair law. It was inevitable.
I'm sure her husband, the very anti-Scott Walker, pro-union, Democrat Carl Sinderbrand, and her very anti-Scott Walker, pro-union, Democrat son, Jake Sinderbrand, are happy.
What really bugs me is that Sumi took weeks, MONTHS, to make her decision.
I suppose once it became clear that JoAnne "I'm Ecstatic" Kloppenburg couldn't find a way to disenfranchise thousands and thousands of Wisconsin voters and that bit of recount chaos was no longer sucking the air out of the room, Sumi saw no point in dragging her feet any longer, particularly with the June 6, State Supreme Court date looming.
Besides, the Leftists needed something to celebrate this Memorial Day weekend, however temporary.
From the Milwaukee Journal Sentinel:A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees.
In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state's open meetings law in passing it March 9. The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.
"It's what we were looking for," said Dane County District Attorney Ismael Ozanne, a Democrat.
"It's what we were looking for."
No kidding.
Was there really ever any doubt it was what the Democrats would get?
Of course not. ...Steve Means, the number three official at the state Department of Justice, said the agency and GOP Attorney General J.B. Van Hollen have been surprised at Sumi's handling of the case and asked whether she would recuse herself from it.
"Obviously we're disappointed in the ruling. We do think it reflects a number of legal errors, but it's for the appellate courts at this point," Means said.
Means said Sumi had made her decision without holding a trial or making clear beforehand that no trial would be held.
...Senate Majority Leader Scott Fitzgerald (R-Juneau) responded in a statement. "There's still a much larger separation-of-powers issue: whether one Madison judge can stand in the way of the other two democratically elected branches of government. The Supreme Court is going to have the ultimate ruling, and they're still scheduled to hear the issue on June 6. This overdue reform is still a critical part of balancing Wisconsin's budget."
Ozanne agreed that the court case is still far from settled.
"It's not over yet. I'm positive of that," Ozanne said. "The supremes are the supremes. They can do what they want."
GOP lawmakers like Fitzgerald also have said they would consider passing the law a second time as part of the 2011-'13 state budget if it was necessary to ensure that it takes effect.
"Act 10 was passed and signed into law in accordance with the rules of the state Legislature," said Assembly Speaker Jeff Fitzgerald (R-Horicon), Scott Fitzgerald's brother. "I remain confident that the Wisconsin State Supreme Court will rule accordingly and Act 10 will become law."
Here's video and more information, from the MacIver Institute:The judge who had been blocking implementation of Wisconsin’s public employee collective bargaining reforms has now struck down the law altogether, saying legislative Republicans failed to give proper notice before acting on the bill in committee.
Dane County Circuit Court Judge Maryann Sumi issued her ruling Thursday, writing that the law is voided because lawmakers failed to provide proper public notice of a Conference Committee meeting wherein the bill was amended.
“The court must consider the potential damage to public trust and confidence in government if the Legislature is not held to the same rules of transparency that it has created for other governmental bodies,” Sumi wrote.
Republicans argued that the Legislature, when in Special Session, is not bound by the law requiring a broad public notice.
“This was not the case in which proper notice was missed by a few minutes or an hour,” Sumi wrote.
However, GOP lawmakers asserted they did provide the minimum two hour notice justified by the the ‘good cause’ provision of the statutes, even though that was also unnecessary. Sumi disagreed.
“Act 10 was passed and signed into law in accordance with the rules of the state legislature,” said Assembly Speaker Jeff Fitzgerald. “I remain confident that the Wisconsin State Supreme Court will rule accordingly and Act 10 will become law.”
Republicans are expected to immediately appeal the decision. Since an appeal would likely take time to be heard, they may also move to pass identical provisions as a part of the biennial budget next month.
Read Sumi's ruling.
The Supreme Court takes up the matter on June 6.
Hopefully, it will eventually put an end to this obstruction.
Wisconsin continues to receive the national spotlight.
Brett Healy of the MacIver Institute was a guest on The John Batchelor Show Monday night.
Healy discusses Judge Maryann Sumi and the open-records case before her, as well as developments on the recall elections in Wisconsin. He also talks about the Wisconsin Supreme Court election, Justice David Prosser's victory, and Scott Walker's future.
Listen to the podcast or download the show here, Monday, 4/18/11 - Batchelor 9pm (Wisconsin topic begins at 18:30).
UPDATE, June 14, 2011: Maryann Sumi's ruling overturned by Wisconsin Supreme Court_______________
UPDATE, May 26, 2011: Maryann Sumi strikes down law._______________
Judge Maryann Sumi rules AGAIN.
Another day, another order.
Judge Maryann Sumi, mother of foul-mouthed, union hack Jake Sinderbrand, has ordered that the budget repair law is not in effect.
She issued the order this morning even though on Tuesday she said that would be a move she would not make. Sumi said, "I hesitate to do that at this point because testimony is not closed and argument is not closed."
Although no testimony whatsoever has taken place since she said that, Sumi issued the order anyway.
Why did Sumi no longer "hesitate"?
What changed?
Did her husband, Carl Sinderbrand, and son, Jake Sinderbrand, convince her to quit "hesitating"?
Did she receive promises of support from union bosses?
That would be a corruption of our legal system.
Something is rotten in Dane County. A state law to sharply curb union bargaining by public employees is not in effect, a Dane County judge ruled Thursday, continuing the turmoil over a measure that sparked massive protests and prompted Democrats to boycott the Senate for three weeks.
Gov. Scott Walker's administration said it would comply and discontinue the implementation of the law.
"Based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29, 2011, evidentiary hearing, it is hereby DECLARED that 2011 Wisconsin Act 10 has not been published within the meaning of (state statutes), and is therefore not in effect," Dane County Circuit Judge Maryann Sumi ruled in a two-paragraph order.
...In response to the order, Walker's administration said it was halting action on putting the law in force.
"While I believe the budget-repair bill was legally published and is indeed law, given the most recent court action we will suspend the implementation of it at this time," said a statement from Administration Secretary Mike Huebsch.
"I am pleased that now we have a clear statement that the law is not in effect and that we have to straighten this out," said La Follette, a Democrat.
Assembly Minority Leader Peter Barca (D-Kenosha) said the order was needed because he said Walker's administration had ignored past warnings from the judge.
"This morning with her added order she has taken away their last excuse," his statement said.
Senate Majority Leader Scott Fitzgerald (R-Juneau) called the order "judicial activism at its worst."
"Once again, one Dane County judge is doing everything she can to stand in the way of our efforts to improve the economy and create jobs," said a statement he issued.
...Sumi's latest order is in sharp contrast to what she said two days earlier in court. Then, Ozanne asked her to issue an order declaring the law was not in effect, but Sumi declined to do so.
"That is yet to be determined," she said then. "I hesitate to do that at this point because testimony is not closed and argument is not closed."
No testimony has been taken since Sumi said that.
Clearly, Sumi is doing the bidding of the unions.
She pulled this latest order out of thin air, something she said she would not do.
This is judicial activism.
This is Dane County.______________
Read Sumi's March 31, 2011, ruling.
