Judge Issues Restraining Order To Block Collective Bargaining Bill

[kpete]

Source: Channel 3000

Judge Issues Restraining Order To Block Collective Bargaining Bill
Dane County DA Filed Lawsuit

Updated: 10:34 am CDT March 18, 2011
Eric Bazan

MADISON, Wis. -- A Dane County judge has issued a restraining order on Friday to block publication of the state's collective bargaining law.

Dane County District Attorney Ismael Ozanne filed a lawsuit on Wednesday accusing Republican legislative leaders of violating Wisconsin's open meetings law during the rushed run-up to a Senate vote on the measure last week.

The legislative committee that broke a stalemate that had kept the law in limbo for weeks met without the 24-hour notice required by Wisconsin's open meetings law. The Republican majority voted last week to pass the legislation without Senate Democrats, who had left the state to block just such a vote.

The Republican-controlled Legislature passed the measure and Gov. Scott Walker signed it last week.

Read more: http://www.channel3000.com/news/27239147/detail.html

[PA Democrat]

1. K & R

[SDuderstadt]

2. Yes! n/t

[sinkingfeeling]

3. This is a duplicate post in LBN.

[Frances]

5. The other post doesn't have a link; this one does

[ReturnoftheDjedi]

4. hahaha The Repukes don't even get to implement their little plan.

Can you say held up in the Courts long enough for the Recalls to take place?

[iwishiwas]

62. Walkers Repug poodles will get it done as soon as they are back from DC fundraising

trip.

[66 dmhlt]

70. Probably true - but at a huge - HUGE - PR cost!

[iwishiwas]

76. Yes, Repug poodles willing to break the law for their master Walker.

[vssmith]

79. And his master--the Koch brothers

[Botany]

6. haha

http://www.huffingtonpost.com/2011/03/18/wisconsin-union-law-lawsuit_n_837580.html

Wisconsin Anti-Union Law Temporarily Blocked By Judge

[iwishiwas]

86. Weekend people are off grab your clip boards and get signatures­, stay focus victory is in sight the

I hope hope this is true--that the signatures are being collected.

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Weekend people are off grab your clip boards and get signatures­, stay focus victory is in sight the country is watching.

[Botany]

88. Get you Badger On!

[iwishiwas]

89. I want to meet some friendly Badgers next weekend when I go

out to collect to signatures.

[drm604]

7. What's to stop them from passing it again by the rules?

I don't want to be a pessimist but why can't they do that?

[neoralme]

39. That's what I think will happen.

[plumbob]

45. Nothing, except perhaps those having recall petitions gathered against

them might have had a little time to reflect on their previous vote.

Turns out actions have consequences.

[Bjorn Against]

58. My understanding is that they are out of session until April 5th

I don't know if there is any way for Walker to call a special session before then, but if not then they will be delayed at least a couple weeks. There is also a question as to whether or not they can vote on a law that has already been passed, but I am no expert on Wisconsin law so I don't want to get my hopes up too high on that one. The dems could potentially leave the state again come April 5th, although Julie Lassa is getting pretty far along in her pregnancy so I don't know if she will be able to go. It is not impossible that they could talk Schultz into leaving the state in Lassa's place however, it would certainly be worth talking to him.

[drm604]

63. They wouldn't have to vote on the same bill.

They could propose a new bill that does the same thing and vote on that.

I'm hoping that the recall drives make some of them think twice.

[iwishiwas]

77. Time for some massive demonstrations in the home districts.

[Goblinmonger]

78. This gives more time for contracts to be made

It may all still pass, but this gives a week or so more time to get a collective bargaining agreement passed before the bill becomes a law.

[Lucky Luciano]

8. Wisconsin Judge Blocks Law Curbing State Workers' Unions

Source: Bloomberg

Headline only

No link yet.

[Jackpine Radical]

9. Amy Smith?

[Jackpine Radical]

12. Nope. Maryann Sumi.

[eowyn_of_rohan]

40. she recused herself

Smith said she discovered while reviewing the case over the weekend that one of the plaintiffs, county worker Shannon Maier, is an AFSCME representative.

Smith said she must recuse herself because she had dealings with WSEU and AFSCME while she was deputy secretary of the state Department of Corrections and as head of enforcement for the state Department of Natural Resources.

[Jackpine Radical]

44. I served as an expert witness in a case or 2 for Amy in her AAG days.

She was a real bloodhound.

[PeaceNikki]

10. Huge!!

[onehandle]

11. On a technicality. It will go through. Don't get excited. nt

[bjobotts]

68. Maybe. We'll see, the recall effort is having a major effect

[bjobotts]

69. Plus the private emails reveal Walker meant with Rove and Frank Luntz on how to handle.

[2banon]

80. i missed that tidbit..

but I'm not surprised.. was that before or after the no notice rush vote?

[ewagner]

13. It only means

that the brothers Fitzgerald will get a "do-over".

Maybe a nasty little fine but still a do-over.

[No Elephants]

14. kpete's thread on this has more info

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4776969

[maxsolomon]

15. Legislating from the bench!

which i applaud.

[No Elephants]

37. It's not legislating from the bench. If it were, it should be condemned.

[SlimJimmy]

72. Agreed. Legislating is not the function of any judicial branch of government.

That's what the house and senate in each state and at the federal level are designed to do.

[lonestarnot]

83. Not.

They broke the fucking law.

[ehrnst]

16. Link:

http://www.jsonline.com/news/statepolitics/118242814.html

[Snoutport]

17. BREAKING: Judge issues TRO barring implementation of public union law

Source: Journal Sentinel

Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, barring the publication of Gov. Scott Walker's law that would sharply curtail collective bargaining for public employees.

Read more: http://www.jsonline.com/news/statepolitics/118242814.html

---

Great News!

[Lone_Star_Dem]

18. Open meetings act violation

From the above article:

Sumi's order will prevent Secretary of State Doug La Follette from publishing the law - and allowing it to take effect - until she can rule on the merits of the case. Dane County District Attorney Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state's open meetings law in passing the measure, which Walker signed on Friday.

Sumi said Ozanne was likely to succeed on the merits.

[ewagner]

19. Here's a linky-thing

http://budget.wispolitics.com/2011/03/judge-blocks-publication-of-collective.html

[Snoutport]

27. don't they have other lawsuits to file after this one?

didn't they break a couple of rules? could this get hung up several times?

[Lone_Star_Dem]

30. I'm not sure if they broke any others, or not.

This is a strong case, however. Probably the strongest they could come up with, which is why this was the lead case.

[Omaha Steve]

59. Yes they do

There was no written copy of the law they were voting on at the time of the vote. Remember the one Democrat fighting this kept saying I want a copy of what we are voting on.

There were other things mentioned they will keep the delays going.

K&R!

[ArnoldLayne]

20. GREAT! Go Wisconsin!

:dem: :kick:

[Kingofalldems]

21. Cheeto filled basements now being trashed

[apnu]

24. LOL good one! (nt)

[thereismore]

32. Hahahaha! nt

[freshwest]

87. ;)

[Jersey Devil]

22. A TRO is legally very significant

An Order to Show Cause, which moves up a regular legal challenge to a law to much quicker resolution, is usually issued when a plaintiff can show a likelihood of success on the merits and irreparable harm.

A TRO, however, is a step beyond that and usually not granted unless the plaintiff can show a STRONG likelihood of success on the merits. There is a big difference. So, the issuance of a TRO usually indicates that unless shown otherwise, the court is leaning strongly toward the plaintiff.

[Snoutport]

25. Great news!! And it gives more time for walker's opposition a chance

to get even more organized.

[Lone_Star_Dem]

29. Yes, Judge Sumi said Ozanne was likely to succeed on the merits.

She also said, "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)."

This looks very good for the unions.

[eowyn_of_rohan]

35. Wonderful News! Thank you for your insight! -nt

[Slit Skirt]

23. excellent!

[Yavin4]

26. On Wisconsin!

On Wisconsin, On Wisconsin
Plunge right through that line,
Run the ball clear down the field, boys
Touchdown sure this time
On Wisconsin, On Wisconsin
Fight on for her fame,
Fight, Fellows, Fight, Fight, Fight
We'll win this game!

[Blue Owl]

28. Finally some sanity restored in the Wisconsin Capitol

There's been some crazy shit going down in that place lately.

[ginnyinWI]

31. checks and balances!!

The judicial branch is exercising its options. :)

[thereismore]

33. Great news people! Checks and balances! I expect that judge Sumi will get trashed by RW. nt

[eowyn_of_rohan]

34. AWESOME!!!!!! This is also posted in GD

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=439&topic_id=680912

[northoftheborder]

36. Hold off with the celebration>>>>

Because, now that the 14 Senators are back, couldn't the Wis. Senate go ahead and post the required notice and vote on the same bill again? Or, even worse, go ahead and post the original bill with all the other toxic stuff in it, and pass that?

[Jester Messiah]

38. Haha, wonderful!

Sending out a great big FUCK YOU to the fascist Regressive bastards who pushed this issue. Enjoy your failure!

[alp227]

41. Ozanne=Dem appointee. Judge Maryanne Sumi=Republican appointee

Ozanne has been the county DA since August 2010, an appointee of Democratic Governor Jim Doyle. Sumi was appointed in 1998 by Republican Governor Tommy Thompson. Good for them! I knew that someday this collective bargaining law would've been overturned at some court level. Let's see Scott Walker sputtering in defense of this.

[Kingofalldems]

42. Excellent!

[w4rma]

43. Why doesn't the headline read: *anti-* collective bargaining bill?

It makes it sound like the judge is working against the public.

[Douglas Carpenter]

46. Judge blocks Wisconsin law curbing labor rights

Source: Washington Post

By Michael A. Fletcher, Friday, March 18, 2:14 PM

A Wisconsin judge issued an order Friday temporarily blocking implementation of a law that would severely restrict collective bargaining rights for most public employees in the state.

Dane County Circuit Judge Maryann Sumi issued a restraining order that stops publication of the law signed last week by Wisconsin Gov. Scott Governor Walker (R). Halting that procedural step has the effect of blocking the law, which would go into effect once it is formally published.

The judge’s order came after Dane County’s Democratic District Attorney Ismael Ozanne filed suit alleging that a joint committee of the legislature violated the state’s open meeting law when it abruptly called a session to facilitate the law’s passage last week.

The judge’s ruling does not speak to the legal merits of the law but says that the lawsuit over the session has to be completed before the law is allowed to move forward.

Read more: http://www.washingtonpost.com/business/economy/judge-blocks-wisconsin-law-curbing-labor-rights/2011/03/18/ABDDjjq_story.html

[Kurmudgeon]

47. Good!! n/m

[Vincardog]

48. GOOD now delay delay delay. Never let the lawsuit complete. Act like BP wanting for the end of time

[russspeakeasy]

50. Good comparison.

[midnight]

49. The article points out that the judge does not speak to the legal merits

as those will have to wait before the issue at hand is complete ... This sounds like it will take some time before walkers bill will see the day of light? In the meantime, the recall moves forward, and I'm not sure about that time line, but maybe timing can oust the Republicans and block the bill? Hopeful thinking...

The judge’s ruling does not speak to the legal merits of the law but says that the lawsuit over the session has to be completed before the law is allowed to move forward.

[GillesDeleuze]

54. the judge is a good progressive too.

[kmac3]

51. K & R

There is a God !:headbang:

[ElsewheresDaughter]

52. don't get excited...they will just hold a revote now that they have a quarm with the dems back.

all we can hope for is it buying some time for the recalls.

[regnaD kciN]

53. I don't think they can hold a revote on a bill that's already passed...

They wouldn't be able to do that unless the law did get thrown out on those grounds.

As far as I know, this is just the first salvo. I would think, if this doesn't fly, there will be a second challenge on the way the bill was passed -- that you can't just take a fiscal bill, declare it non-fiscal, and avoid the quorum requirements.

[GillesDeleuze]

55. that might not work, if they must give 24 hour heads up

they wont be able to start the session on the next day.

[valerief]

56. Bravo! nt

[babsbunny]

57. Is there any way to thank this fine American?

Count me in!

[pacalo]

60. K&R!

[iwishiwas]

61. Judge orders temporary halt to collective bargaining law; state will appeal

Another headline.
Big news but teachers union are saying it is only a matter of time before it passes again.

http://host.madison.com/wsj/news/local/govt-and-politics/article_9b967cde-5176-11e0-b8df-001cc4c002e0.html

[Beartracks]

64. The WI Republicans "broke a stalemate"?

I read somewhere that they had "resolved an impasse"!

Seriously.

:eyes:

[idrahaje]

65. and fitz is talking out his ass again

grrrrr....



Pretty much claiming what the judge is doing what we claim Fitz is doing. bonehead..

[Nikia]

66. Regardless if this passes again, this is good

Because it shows the Republicans that they do have to follow the law after all. With how things have been going this is very, very important.

[iwishiwas]

74. yes, people will remember this.

[Little Star]

67. k+r

[Guilded Lilly]

71. Make it hell for them :)

[SHRED]

73. BAM!

[iwishiwas]

75. Attorney general will appeal ruling that blocks anti-union bill

It says since the bill affects so many, it is most likely to be heard.

http://host.madison.com/ct/news/local/govt-and-politics/article_6bd569a8-5188-11e0-bea6-001cc4c03286.html

Attorney general will appeal ruling that blocks anti-union bill

JESSICA VANEGEREN, JUDITH DAVIDOFF and CHRIS MURPHY | The Capital Times madison.com | (77) Comments | Posted: Friday, March 18, 2011 12:47 pm


The state Attorney's General Office will appeal the temporary restraining order placed on Gov. Scott Walker's collective bargaining bill by a circuit court judge Friday morning.

Assistant Attorney General Steven Means said after the ruling that he planned to appeal the decision to the Court of Appeals Friday afternoon or early next week.

Because Dane County Circuit Court Judge Maryann Sumi's ruling was a "non-final order," Means said he will need to petition the court for permission to file an appeal.

The court would likely then ask the District Attorney's Office to respond to the petition, Means said.

If the Appeals Court takes the case, Means said he would ask for an expedited decision from the court.

Madison attorney Robert Dreps, an expert on open government and First Amendment law, said it is likely that the Appeals Court would choose to hear the case because the bill affects so many people; many municipalities and school districts, for example, are rushing to negotiate with unions right now to get new labor agreements in place before the law goes into effect.,,,,,,,,,,,

[Zambero]

81. Republican overkill reminds me of a Carly Simon song

"Nobody does it better..."

Yes, Republicans have perfected the art of mass political suicide in just a few short weeks. This could not have been scripted, or "improved" upon. Congrats & R.I.P (in advance)!

And up til now it was mainly just an overplayed 'ketchup' commercial.

:woohoo:

[Zorra]

82. Oh, Yaaaay! Judge Sumi for SCOTUS!

:loveya:
I am going to celebrate.

[Tripod]

84. k&r

[Enthusiast]

85. Walker and the Pukes

still need to be recalled.