Judge Sumi: "it is hearby DECLARED that 2011 Wisconsin Act 10 has not been published"

[kpete]

Amended TRO obtained by "The Wheeler Report":

FURTHER, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29, 2011 evidentiary hearing, it is hearby DECLARED that 2011 Wisconsin Act 10 has not been published within the means of Wis. Stats. §§ 991.11, 35.095(1)(b) and 35.095(3)(b), and is therefore not in effect.

http://www.jsonline.com/news/statepolitics/118986974.html

SO ORDERED this 31st day of March 2011, at 8:15AM.

http://thewheelerreport.com/releases/March11/0331/0331sumi.pdf

[plumbob]

1. Gosh, a real judge and real law?!!

What will the tyrant Walker do now?

[LiberalFighter]

2. Take that you scumbags Scott Walker and Fitzgerald family.

[hifiguy]

3. That's about as unambiguous as you can get

Nice to see Judge Sumi standing up for the rule of law.

Now when will she find Snotty Scotty in contempt of court and order him taken into custody?

[HereSince1628]

5. Well, Scott Fitzgerald and Walker's Attorney General don't think

the court has any authority to consider the mechanisms by which a bill moves through the Legislature.

IMHO they will push this to a constitutional crisis for the state.

And oh, by the way, all that money they were saving? Much of it will be wasted on law suits.

[AleksS]

4. It sounds pretty loophole-free, but...

It sounds pretty loophole-free, but...

You know the republicans will try to weasel around it, or just ignore the declaration. I mean that's what got them to this point in the first place. Those guys are so twisty, they can't even walk in a straight line.

So then, what's next?

[Blue Owl]

6. (sound of gavel banging)

:kick:

[spooky3]

7. It's not smart to p*** off judges.

It only makes them more likely to stand up for their rulings.

And how are voters looking at this?

[hifiguy]

11. Indeed

I was a law clerk to a couple of state district court judges. Judges are VERY protective of their turf and of the integrity of the judiciary as an institution. They very much frown on having their orders openly disobeyed and get very grumpy very quickly when it happens. They don't back down.

[kudzu22]

8. Is this still over the Open Meetings Law?

Sorry to say you're going to be disappointed with the outcome for two reasons:

1) Voiding a law based on violation of Senate rules is pretty unlikely, and
2) If it is ruled that it wasn't passed properly, they just re-pass it with proper advance warning. Leaving the state won't help and they still have the majority.

What we need is to void the law based on constitutional grounds, anyone have some ideas?

[Canuckistanian]

9. Don't confuse laws with rules

The Open Meetings LAW is fully enforceable by the courts.

http://www.wisconsin.edu/gc-off/deskbook/woml.htm

Wisconsin is lucky to have such a law, but they enacted it for just these kinds of power grabs.

[spooky3]

10. Also, as a non-lawyer, it seems to me that

if the Repubs. could simply pass the bargaining rights law again, now that the Dems. are back and there is a quorum, that strategically is what they would have chosen to do, rather than go through this court fight. Makes me wonder what is really going on.

[kudzu22]

14. Yes, with the Dems back they could call a quorum and pass the original budget

Which is exactly what I think they'll do if/when the first is overturned.

[kudzu22]

12. Suppose it is voided due to WOML

What's to stop them from re-passing it with proper notice? All I'm saying is that we shouldn't pin all our hopes on this one law. We need more.

[Canuckistanian]

15. That's true, but it would be political suicide

They're going to battle for THIS bill now that they've gone this far.

[Doctor_J]

13. Yes, but it's still in effect

right? :shrug:

Edit: All the rulings in the world don't mean a thing if Walker chooses to ignore them.

[Zorra]

16. Geez, I wish she could be more clear on that.

But she can't because that is as clear as it can possibly get.

Clarity and facts are only understandable to non-conservatives.

Conservatives make up their own private wacko realities as becomes necessary in order to support their essential fundamental dishonesty.