Milwaukee city attorney claims Walker’s bill is unconstitutional

[Skip_In_Boulder]

Published February 28, 2011 - BizTimes Daily

Wisconsin Gov. Scott Walker’s state budget repair bill would be unconstitutional because it would violate the constitutional “home rule” that protects cities and villages from interference in local pensions by the state, according to a legal opinion issued today by Milwaukee City Attorney Grant Langley.

In a letter to Milwaukee Alderman Joseph Dudzik, Langley stated, “… in our judgment, the courts would find the statue unconstitutional on three grounds: first, that it unconstitutionally interferes with and intrudes upon the city’s home-rule authority over its pension plan; second, that given certain vested rights or benefits that have accrued to employees currently in the plan, the statute would constitute an unconstitutional impairment of contract rights under the state and federal constitutions; and third, given these same vested rights or benefits, the proposed statute would violate the due process clauses of the state and federal constitutions because it would abrogate the terms and conditions of the Global Pension Settlement …”
Dudzik had requested Langley’s opinion on the constitutionality of Walker’s plan, which would revoke the collective bargaining rights of thousands of public employees in the state.

After receiving Langley’s opinion, Milwaukee Mayor Tom Barrett today sent a letter to Walker, requesting that Walker seek a legal opinion from the Wisconsin Attorney General on the matter.

The following is the text of Barrett’s letter to Walker:

http://www.biztimes.com/daily/2011/2/28/milwaukee-city-attorney-claims-walkers-bill-is-unconstitutional

[BanzaiBonnie]

1. I think there should also be something said...

about not being able to govern without the consent of the governed

[malaise]

2. You know these RW fascists never check the law

Walker will soon be a pariah even to his party goons.

[annabanana]

3. yuppers . . . . . .n/t

[defendandprotect]

4. kr

[L. Coyote]

5. Request Walker seek legal opinion from AG ?? Wait, isn't the AG a co-conspirator?

The prank call revealed the AG was working with Walker to try to figure out how to arrest Democrats,
a use of the color of law to abridge fundamental rights for political ends and thus a felony.