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Intro: "State attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law. Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law."

The Wisconsin DOJ has asked the state Supreme Court to vacate the judge's decision which struck down Gov. Walker's anti-union law. (photo: AP)
The Wisconsin DOJ has asked the state Supreme Court to vacate the judge's decision which struck down Gov. Walker's anti-union law. (photo: AP)



Wis. DOJ Asks Court to Lift Ban on Anti-Union Law

By Todd Richmond, Associated Press

28 May 11

 

tate attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law.

Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law.

The state Justice Department is representing the Republicans. The agency's attorneys asked the state Supreme Court to take the case and the court set oral arguments on whether it should make a move for June 6. Deputy Attorney General Kevin St. John said in a letter to the justices late Friday they need to act now.

St. John said the issues have been fully briefed so the court can immediately vacate Sumi's decision without hearing any further argument.

He argued Sumi issued the decision on her own, even though no one involved in the case had asked for such a ruling. She didn't give any of the parties a chance to be heard on the final disposition.

He also reiterated the Justice Department's argument that the Republicans can't be sued because they enjoy legislative immunity and Sumi can't invalidate the law due to an open meetings violation.

"In its rush to judgment, the Circuit Court has exceeded its constitutional authority not only in terms of intermeddling with the legislative process ... but also by its deprivation of the defendants' due process rights," St. John wrote.

Ozanne didn't immediately return a message left at his office late Friday afternoon.

The law calls for public workers to contribute more to their health care and pensions. It also strips almost all of them of nearly all their collective bargaining rights.

Walker pushed for the law as a way to help balance a $3.6 billion deficit in the upcoming 2011-13 state budget. He said curtailing collective bargaining rights would give local governments the flexibility they need to absorb deep cuts in state aid.

The measure sent Democrats into an outrage. They saw the proposal as an attempt to weaken unions, one of their key constituencies. Senate Democrats fled the state in February in an attempt to block a vote in that house and tens of thousands of demonstrators converged on the state Capitol in protests that went on around the clock for three weeks.

Republican lawmakers got around the Senate Democrats' absence by convening a special committee to strip the fiscal elements out of the bill, negating the need for a full quorum, and Walker signed the measure in March.

But Ozanne alleged the Republicans didn't give the proper public notice of the committee meeting, and Sumi agreed on Thursday.

Regardless of how the court battle plays out, Republicans could pass the collective bargaining provisions again by tucking them into the budget. The Legislature's finance committee is still revising the spending plan.


Associated Press writer Jason Smathers contributed to this report.

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+14 # VSweet 2011-05-28 11:38
So, let me understand this correctly, the STATE Dept. of Justice is REPRESENTING the REPUBLICANS ONLY!!


So, then who represents the DEMOCRATS?
Evil is clearly demonstrated with this mad rush for power and destruction of ALL poor people in Wisconsin hopes and dreams for EQUALITY AND FUTURE!

May the STATE and Republican Party reap triple times what they are SOWING!!
"ABUSE OF POWER IS THE EXERCISE OF AUTHORITY IN A MANNER UNPLEASANT TO OURSELVES". Ambrose Bierce
1842 — 1914?
 
 
+3 # muskokajpm 2011-05-28 12:16
Quoting VSweet:
So, let me understand this correctly, the STATE Dept. of Justice is REPRESENTING the REPUBLICANS ONLY!!


So, then who represents the DEMOCRATS?
Evil is clearly demonstrated with this mad rush for power and destruction of ALL poor people in Wisconsin hopes and dreams for EQUALITY AND FUTURE!

May the STATE and Republican Party reap triple times what they are SOWING!!
"ABUSE OF POWER IS THE EXERCISE OF AUTHORITY IN A MANNER UNPLEASANT TO OURSELVES". Ambrose Bierce
1842 — 1914?

Vsweet, be a little careful in quoting from satirist Ambrose Bierce's tongue in cheek definitions. My interpretation of your quote works against your point, although I agree entirely with your sentiments. I look forward with anticipation to the recalls to come-perhaps the Gov. himself will rile up enough people to bring about his own demise!! Wouldn't that be just great!
 
 
+7 # Carolann 2011-05-28 12:22
What were they (Rs) thinking??? That no one would notice they were planning to change the majority of lives in the state? It's like they realized they have the power and are hellbent on passing everything they can to secure their financing for future elections. They have damn near succeeded in busting the state union strength; just passed a law to enforce photo id and changes to absentee voting... all of which will adversely affect democratic campaigning funds and discourage a huge portion of the democratic voting sector... more than the republicans. In my opinion, this is only the beginning. Today, I read where they are supporting Walker's proposal to fund several million dollars for road repairs and construction, and at the same time reduced education funds even more. Let's see... Roads? or Kid's educations? And all the Rs are running right along behind him on these things. What is his THING about education? There must be some agenda I am missing here.
 
 
+7 # teineitalia 2011-05-28 15:25
The agenda you are missing, Carolann is the Republican penchant for a dumbed-down electorate. They systematically underfund or de-fund education for that purpose. Remember "No Child Left Behind"? It sounded good - until you realize it was an UNFUNDED mandate, with the burden on the states and local school districts to pony up. Many could not.

Power corrupts, and absolute power corrupts absolutely. It is all about the power they wield and how they can keep it. very sad.
 
 
+6 # DPM 2011-05-28 16:54
carolann, the wealthy can afford private schools. They will simply keep raising private school tuition until no one BUT the wealthy can afford to go. Then, of course, the qualifications to vote will be changed to benefit only the wealthy. Home ownership will move out of reach for more and more of the population as wages fall. Those who are not wealthy will get worse and worse health care and...well, you get the idea. A world of uber-rich and drones. Yet, about 35% of our population will vote for the doom that will befall them. Interesting, eh?
 
 
+3 # cfcox 2011-05-28 18:47
Get your facts right !! DOJ implies Department of Justice...a Federal body. The action taken was initiated by a Republican State Attorney General. Nuff said !!
 
 
+3 # terre 2011-05-28 21:38
Pretty much every state has their own DOJ. Some call it the state DOJ others call it something else. Please refrain from using the IMPERIAL "NUFF SAID". It makes you sound very Scott Walkerish.
 
 
+1 # bobby t. 2011-05-30 14:31
years ago i told the teachers i was working with that we had to go on an illegal wildcat strike to support the air controllers that president reagan fired for striking. i told them if they don't do it, it is the beginning of the end of the great labor movement of the twentieth century. we needed a nationwide strike, to remind the powers that be, that we, the teachers, cops, firemen, army, steel workers, bus drivers, truck drivers, are not to be messed with. that we demand respect for working for small wages after six years of college, etc. anyway, we didn't and this has come to pass. spengler forecast the decline of the west, and this stuff happening in wisconsin, is just one example of the end of democratic rule in america. heil walker!
 
 
+2 # bobby t. 2011-05-30 14:36
i also should add that reagan was using the taft hartley act to do what he did. he had the right to do that because the democratic presidents, from truman, to carter to clinton, had promised to change provisions in the act/bill, but never seemed to get around to it. why, because my friends, they are all partners in crime. let's make them all wage slaves is the end play. you don't have to be a bridge player to understand that move.
 

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