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postulater

(5,075 posts)
Fri Jan 18, 2013, 03:39 PM Jan 2013

Federal Court of Appeals upholds Act 10 in its entirety

Source: BizTimes.com

The United States Court of Appeals for the Seventh Circuit today issued a decision upholding Act 10, the law Gov. Scott Walker used to eliminate most collective bargaining rights from most public employees in the state.

In September, Dane County Circuit Judge Juan Colas struck down the law, ruling that it violated both the state and U.S. Constitution.

But the Appeals Court today revered the Dane County Circuit Court judge's ruling on Act 10.

"For nearly two years, those opposing Act 10 have tried every angle to have it struck down and invalidated," said Attorney General J.B. Van Hollen. "Today's decision by the Seventh Circuit confirms what I have stated from the beginning. Act 10 is constitutional. While there are no guarantees, it is my hope that this decision will pave the way for resolving any remaining challenges in a manner that supports the legislative decisions made by our elected officials."

“As we’ve said all along, Act 10 is constitutional,” Walker said. “Today’s court ruling is a victory for Wisconsin taxpayers. The provisions contained in Act 10, which have been upheld in federal court, were vital in balancing Wisconsin’s $3.6 billion budget deficit without increasing taxes, without massive public employee layoffs, and without cuts to programs like Medicaid. With this ruling behind us, we can now focus on the next state budget, which will invest in priorities to move our state forward.”

Read more: http://www.biztimes.com/article/20130118/BREAKINGNEWS/130119782/-1/enews_breaking?utm_source=Listrak&utm_medium=Email&utm_term=http%3a%2f%2fwww.biztimes.com%2farticle%2f20130118%2fBREAKINGNEWS%2f130119782%2f-1%2fenews_breaking&utm_campaign=Breaking+News%3a+Federal+Appeals+Court+upholds+Act+10



Bad news from Wisconsin about Walker's anti-union bill.
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24601

(3,962 posts)
12. The US is a Constitutional Republic and the Constitution guarantees every
Fri Jan 18, 2013, 11:55 PM
Jan 2013

state a republican form of government. Changing to a democracy would require amending the Constitution - and that needs ratification by 3/4 of the states.

 

immoderate

(20,885 posts)
15. Representative democracy.
Sat Jan 19, 2013, 12:47 AM
Jan 2013

Direct democracy is not the only democracy. I'd rather not be one, anyway.

The Soviet Union was a Republic. Constitutional! Nazi Germany -- Republic. South Korea -- yep, them too. Also Cuba, Columbia, Pakistan, Kazakhstan, Kyrgyzstan, etc,. Get the picture? What makes us different? Our representatives are supposed to represent everyone, not just the plutocracy.

Who's not a republic? Sweden, Denmark, Netherlands, Luxembourg, New Zealand, Japan, Denmark, Australia, Barbados, Canada, and others.

It works like this. If there's a monarch -- it's a monarchy. Otherwise, it's a republic. There's no actual direct democracy, which is an impractical idea, but the US is ranked 19th in democracies, and we should be better.
http://www.sida.se/Global/About%20Sida/S%C3%A5%20arbetar%20vi/EIU_Democracy_Index_Dec2011.pdf

--imm

BlueNoteSpecial

(141 posts)
3. The continual writing on the wall has become a tretise of a bastardized, hijacked nation...
Fri Jan 18, 2013, 03:59 PM
Jan 2013

...this can only result in a boiling down to a final "solution", the likes of which We have never seen, much less imagine. America no longer keeps Her word, Her promises, Her standing. She no longer honors legal contracts, much less the fair rule of Law. Her dignity, in tatters. Her example of a shining beacon to the world, extinguished. Her proud legacy of community and citizenship, ruined. The fifth stage of the fall of an Empire. Empire. Empire. Et tu, Nation?

lovuian

(19,362 posts)
7. The Worker will rise up and Capitalism is a dying system
Fri Jan 18, 2013, 04:35 PM
Jan 2013

Marx was right ...the Courts just put another nail in Capitalism


Socialism is going to be the result of all this and the Republican party is a dead one

bluestateguy

(44,173 posts)
8. I know two teachers who quit because of this law
Fri Jan 18, 2013, 04:36 PM
Jan 2013

One moved to a teaching job in New York, and another turned in her retirement papers after the recall failed .

old guy

(3,283 posts)
10. The voters put these crooks in office.
Fri Jan 18, 2013, 04:54 PM
Jan 2013

They had 2 chances to change the direction and chose not to. I will pay a price, but we deserve what we are going to get like it or not.

SWTORFanatic

(385 posts)
14. How would I deserve what I get? I voted against him twice, collected sigs for the
Sat Jan 19, 2013, 12:44 AM
Jan 2013

recall, etc.

It is making me "ok" with leaving the state though, once my girlfriend finishes her bachelor's (job will likely be in orlando or los angeles in her field).

dragonlady

(3,577 posts)
17. This article has been corrected to point out the other case on Act 10
Sat Jan 19, 2013, 02:08 AM
Jan 2013

The original above made it seem that the federal appeals court reversed the decision of the Dane County court. That is not what happened. There were two cases, and the one decided today had been filed in federal district court.

The other case, brought in Dane County and citing the Wisconsin constitution, is still alive and will be heard by a panel of the Wisconsin Court of Appeals at some future time. More information at the report of the Milwaukee Journal-Sentinel:

http://www.jsonline.com/news/statepolitics/federal-court-of-appeals-upholds-walkers-act-10-union-law-ur8eg0e-187488851.html

That case will likely go before the Wisconsin Supreme Court, whichever way the appellate court decides. We have an election coming up in April where we could replace one of the Republican justices on the court and end their 4-3 domination. This is a nonpartisan election but everybody knows how the candidates lean. If anyone would like to help the candidate that I'm supporting, here is the website: http://falloneforjustice.com/.

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