Currently viewing the tag: "Restraining"

In a “stunning twist,” Wisconsin Gov. Scott Walker’s (R) legislation “limiting collective bargaining for public workers was published Friday despite a judge’s hold on the measure, prompting a dispute over whether it takes effect Saturday,” the Milwaukee Journal Sentinel reports.

Said Senate Majority Leader Scott Fitzgerald (R): “It’s published. It’s law. That’s what I contend.”

The New York Times notes the Walker administration issued a short statement: “The administration will carry out the law as required.”
Taegan Goddard’s Political Wire

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might ensue, but…who knows what evil lurks in the actions of these bat shit crazy Republicans?

http://news.firedoglake.com/2011/03/25/w…

Senate Majority Leader decided court order only applied to Secty of State and ordered Legislative Reference Bureau to publish Walker’s End Run anti-union legislation.

Rules? Laws? Hey, they’re Republicans!

The Republican running to retain his seat on the Wisconsin Supreme Court is also a fine speciment of a bat guano Republican. He voted with the rest of the conservative justices to allow judges to not recuse themselves in cases brought by their most generous donors.

http://thinkprogress.org/2011/03/23/davi…

Recent quick hits

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In yet another twist in the controversy in Wisconsin swirling around Gov. Scott Walker’s bill that would deep-six collective bargaining for public unions, the legislation was published — ignoring a court restraining order. This is likely to further arouse passions and polarize Wisconsin as well as other parts of the country where labor unions are under being challenged by GOP governors:

In a stunning twist, controversial legislation limiting collective bargaining for public workers was published on Friday despite a judge’s hold on the measure, sparking a dispute over whether it takes effect Saturday.

The legislation was published Friday to the Legislature’s website with a footnote that acknowledges the restraining order by a Dane County judge. But the posting says state law “requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment.”

The measure sparked massive protests at the Capitol and lawsuits by opponents because it would eliminate the ability of most public workers to bargain over anything but wages.

The restraining order was issued against Democratic Secretary of State Doug La Follette. But the bill was published by the reference bureau, which was not named in the restraining order.

This is basically “ends justify the means” politics: using a loophole.

Laws normally take effect a day after they are published, and a top GOP lawmaker said that meant it will become law Saturday. But the nonpartisan legislative official who published the law disagreed.

“I think this is a ministerial act that forwards it to the secretary of state,” said Stephen Miller, director of the Legislative Reference Bureau. “I don’t think this act makes it become effective. My understanding is that the secretary of state has to publish it in the (official state) newspaper for it to become effective.
Prediction: Walker will insist it is now valid and implement it where he can.
Walker signed the bill March 11. Under state law, it must be published within 10 working days, which was Friday.

The law has not been printed in the Wisconsin State Journal, the official state newspaper, as other laws are. Late Friday, State Journal publisher Bill Johnston said in an email that the notice for the law had been scheduled to run but had been canceled. He did not elaborate.

Senate Majority Leader Scott Fitzgerald (R-Juneau) claimed it didn’t matter that it hasn’t appeared in the paper.

“It’s published,” Fitzgerald said. “It’s law. That’s what I contend.”

The question is: how will independent voters react to this? Polls have shown that in Wisconsin and elsewhere Walker’s actions are not winning the argument. This move, at first blush, at least, seems a “whatever it takes” on this issue. But the problem for Walker and the GOP is that many Americans have clearly now concluded that it isn’t just the budget at play in Wisconsin and other states where Republican governors are slicing away rights that were considered a “given” in American life. There is an ineffable aroma of power politics — partially ideology and part an effort to remove a group that has traditionally supported Democrats, in the believe it’d hurt the Dems in 2012.

However you can now predict this: Wisconsin is likely to rally unions and many union members more than ever to the Democratic party and rally the party’s base, even if they are not totally pleased with Barack Obama.

A CROSS SECTION OF VIEWPOINTS ON THIS ISSUE

-Firedog Lake:

We still don’t know if the state Supreme Court will take up the restraining order on the bill, which has been appealed by the state Attorney General. But the Walker Administration is acting like the restraining order didn’t exist.

The level of contempt for the law is astounding to me…

…Of course, the point is not necessarily whether the Secretary of State has the sole power to publish law – that looks clear to me. It’s whether the Walker Administration THINKS the bill is now published and law that’s the problem, and what will be the remedy for that.

-Allahpundit:

….Democrats are surely on their way back to court even as you’re reading this to demand that the TRO be expanded to cover the LRB, Walker, the legislature, and everyone else under the sun. The judge did, after all, enjoin “further implementation” of the law generally before specifying a particular actor, so they’ll probably win and the scope of the order will be enlarged. In fact, according to the Journal-Sentinel story quoted above, there’s already a new court action pending that challenges the collective bargaining law on some sort of equal protection grounds (treating one group of workers differently from another by limiting their CB privileges) and argues that the state GOP should have needed a three-fifths quorum to pass it instead of the simple majority quorum they used. Nothing should change here, in other words, and since the state supreme court is probably going to deal with this sooner rather than later, even if the law is implemented immediately its ultimate fate should be decided in a few days anyway.

-Freedom Eden:

Good grief.

The law is being followed: State law “requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment..


The Moderate Voice

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Jessica Arp, a reporter for WISC- TV in Madison Wis., tweets that a judge has issued a restraining order against the recently passed bill killing public employee bargaining rights. Here are her tweets:

news3jessica Jessica Arp Sumi: I am issuing restraining order halting implementation of this act.

news3jessica Jessica Arp TRO will block publication of law, until further order of court. DOJ asks for a stay, denied. 

news3jessica Jessica Arp Sumi: how can a minor detail like mtg notice stop bill? Answer is, it is not minor.

AFL-CIO NOW BLOG

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http://d.yimg.com/a/p/ap/20110318/capt.48362635af744ddd8eb029507e02357f-3a7db8f4ecaf47258c6274c4403f3e7d-0.jpg?x=400&y=294&q=85&sig=mfndau.xUeQmcv84bGBt.Q--

You absolutely have to admire the Left for sheer gall.

Dane County District Attorney Ismael Ozanne, a Democrat, sued to block the new Wisconsin budget fix law and got a restraining order out of Judge Sumi, likewise a Democrat.She said that while the order blocks the law’s publication, she said she has no authority to prevent the Legislature from voting on the controversial bill again.

“I am now issuing a restraining order preventing further implementation of this act,” she said.

And you’ll love the rationale.

Ozanne sued on the basis of Wisconsin’s ‘open meeting’ law, complaining that the law was violated because the State Senate’s Democrats weren’t present..and never mind that the reason they weren’t present is because they fled in a body to Illinois to block the vote on the bill!

Attorneys for the state Department of Justice asked the judge for a stay of the order, but Sumi denied the request.

The judge said that she wasn’t weighing the purpose of law in issuing the order, rather the procedure.

“What I want to make clear is I make no judgments on merit of legislation,” she said.

Oh no, of course she wasn’t. This is the equivalent of freeing an arsonist out of pity because he burned his own house down.

Attorney General J.B. Van Hollen said the State DOJ intends to appeal the judge’s ruling, according to a statement released by his office.

“The Legislature and the governor, not a single Dane County Circuit Court judge, are responsible for the enactment of laws,” Van Hollen was quoted as saying.

Van Hollen argued that the state Supreme Court has made it clear that judges can’t stop the secretary of state from publishing a law or be stopped when the claim pertains to a rule of legislative procedure.

Judge Sumi’s ruling was designed to stop the law from being formally published, because the bill can’t take effect until then. And Wisconsin’s Democrat secretary of state said he plans to wait the full 10 days allowed to publish it March 25.

Since the judge’s decision is considered “not final,” DOJ officials are going to have to go to the Appellate Court to appeal the judge’s ruling, which they plan on filing on Monday.

Will of the people? Abiding by the results of elections? Why do that when you can go to some Democrat appointed judge and wage lawfare on behalf of your campaign donor base?

please donate…it helps me write more gooder!

J O S H U A P U N D I T

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Via the Journal SentinelDane County judge halts collective bargaining law.  The issue at hand would is the method by which the bill was passed":

Sumi’s order will prevent Secretary of State Doug La Follette from publishing the law until she can rule on the merits of the case. Dane County Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state’s open meetings law.

Sumi said Ozanne was likely to succeed on the merits.

"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)," she said.

The AP further explains:

Dane County Judge Maryann Sumi issued the order, which was requested by that county’s District Attorney Ismael Ozanne, a Democrat. Ozanne filed a lawsuit contending that a 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-controlled Legislature passed the measure and Walker signed it last week.




Outside the Beltway

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A Wisconsin judge has issued a temporary restraining order against the bill stripping state employee unions of their collective bargaining rights.

The decision, issued by Judge Maryann Sumi of the Dane County Circuit Court, temporarily bars Wisconsin’s secretary of state from publishing the controversial law, one of the procedural requirements for it to come into effect in the state. Publication had been expected late next week, but Judge Sumi’s ruling delays that until at least March 29, when she plans to hold a full hearing on a lawsuit that questions the validity of the collective bargaining law based on the speedy manner in which it was carried out earlier this month. An appeal is possible even before then. Opponents of the measure said they hoped the decision was but the first of many that would ultimately undo a measure that has split the state and has drawn tens of thousands of demonstrators to the state capital over a matter of many weeks. Supporters of the measure, however, said that the judge’s decision was merely a blip, certain to be overturned as various legal efforts make their way fully through the court system.

The bill was signed by Gov. Scott Walker last Friday.

Joe. My. God.

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Procedure.


Opponents of Wisconsin Governor Scott Walker’s bill recasting negotiating rights for the state’s public-employee unions won a round in court today — and the judge hinted that they have a strong chance of winning overall.  Judge Maryann Sumi issued a temporary restraining order blocking publication of the budget-repair bill, instructing the Secretary of State to [...]

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Hot Air » Top Picks

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A Dane County judge issued a temporary restraining order against the Wisconsin budget repair bill that severely limits collective bargaining by public-sector unions.

Governor Scott Walker surely won’t back down.

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Marathon Pundit

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This is a cross post from the Wisconsin State Journal

A Dane County judge Friday issued a temporary order blocking implementation of Gov. Scott Walker’s controversial measure limiting collective bargaining rights for public employees, saying a legislative committee likely violated the state Open Meetings Law when it rushed passage of the bill March 9.

Dane County Circuit Judge Maryann Sumi issued the order around 10:30 a.m. in a lawsuit brought by Dane County District Attorney Ismael Ozanne.

The ruling bars Secretary of State Doug La Follette from publishing the law, the last step before it can take effect. La Follette had planned to publish the law on March 25, which would cause it to take effect the following day.

Walker, who signed the bill last week, had asked La Follette to publish it sooner. But La Follette said he saw no urgency to move the law ahead and wanted to give legal challenges a chance to run their course.

AFL-CIO NOW BLOG

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A federal judge in Oklahoma today extended a restraining order that will prevent a so-called “Sharia ban” from going into effect for another week.

On Election Day, Oklahoma voters overwhelming approved a ballot question that would amend the state constitution, banning state courts from considering Sharia or international law. Muneer Awad, director of the Oklahoma chapter of the Council on American-Islamic Relations, then filed a lawsuit claiming the law violates his First Amendment rights and could prevent his will, which relies heavily on Islamic teachings, from being carried out. Awad is asking that the court permanently blocks the amendment from going into effect.

The judge is expected to issue a ruling next Monday.

“Every day that State Question 755 is not part of our constitution is a good day for us,” Awad told TPM today over the phone. Awad said he had introduced as evidence some of the language state politicians used while campaigning for the law, saying it proved that their intent was to block the free expression of Islam.

Proponents of the law say it is a “pre-emptive strike” against Muslims who would seek to impose their religious law on the Oklahoma court system.









TPMMuckraker

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It’s interesting to note how quickly the Islamic supremacists have gone after this measure, while others dismiss it as unnecessary. If it were unnecessary, why go to the trouble to block it? If Muslims have no plans to bring the political and supremacist aspects of Sharia to the U.S., which would be the first time in history they have come to a country and not brought Sharia with them, then why bother opposing this measure at all? In fact, they should favor it. And the claim that this measure singles out Islam ignores — not surprisingly — the ways in which Islam is a political and social system in a way that Judaism and Christianity are not. It is interesting to note that in other contexts, Islamic supremacists proudly invoke that difference as evidence of the superiority of Islam over the other Religions of the Book. But in this instance, it is politically expedient for them to forget about all that.

“Hearing set on international, Islamic law ban,” from the Associated Press, November 8 (thanks to Logan’s Warning):

OKLAHOMA CITY (AP) - A federal judge has scheduled a hearing on a temporary restraining order to block a measure to prohibit state courts from considering international law or Islamic law when deciding cases….

Among other things, the lawsuit alleges the ballot measure transforms Oklahoma’s Constitution into “an enduring condemnation” of Islam by singling it out for special restrictions.

Jihad Watch

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Chris Armstrong, student body president at the University of Michigan, dropped his petition today for a restraining order against Andrew Shirvell, the Assistant Attorney General in Michigan.

For several months, Shirvell had been waging a campaign against Armstrong because he is gay. Shirvell blogged about Armstrong’s “radical homosexual agenda” and repeatedly allegedly harassed him on campus. A hearing scheduled for today regarding Armstrong’s petition has now been canceled.

According to David Jesse at AnnArbor.com, court documents say Armstrong dropped the request because Shirvell “has not contacted me since service of the petition on him.”

At the beginning of the month, Shirvell announced that he was taking a leave of absence from the Attorney General’s office, following calls for his removal and increased media attention to his blog posts.

Shirvell has also been banned from University of Michigan’s Ann Arbor campus.







TPMMuckraker

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