Wisconsin Supreme Court may take up Walker's collective bargaining law

NY Post ^ | March 24, 2011 | NEWSCORE

[Scanian]

MADISON, Wis. -- A Wisconsin appeals court said Thursday that the state Supreme Court is the appropriate court to decide whether a new law that diminishes the collective bargaining power of public employee unions should go into effect, Fox News Channel reported.

A judge in Dane County issued a temporary restraining order halting the law last week until the Circuit Court can decide on a lawsuit brought by the Dane County district attorney, a Democrat, challenging whether the law was passed legally.

Republican Gov. Scott Walker signed the law on March 11 following a month of protests at the Wisconsin state capitol by thousands of union members and their supporters. All 14 Democratic members of the state Senate fled the state in order to avoid a vote on the measure

Wisconsin's Attorney General J.B. Van Hollen appealed Judge Maryann Sumi's decision earlier this week, arguing that the Dane County court does not have jurisdiction over the state legislature.

It is not known when the Wisconsin Supreme Court will decide whether it should rule on the controversial law. The appeals court decision kicks the issue to a court where conservative jurists currently hold four seats while three are held by more liberal judges.

One of the conservative justices, David Prosser, is up for re-election on April 5. His challenger is Assistant Attorney General JoAnne Kloppenburg, who is garnering support from the unions and their supporters.

[SF_Redux]

when did it become the duty of courts to write laws?

[apillar]

This story isn’t totally clear. The court isn’t ruling on the constitutionality of the law. I don’t think even many democrats would argue that a Governor doesn’t have the power to limit state contracts. What the court is ruling on is a minor “open meetings law” issue on whether the law was passed legally by the legislature. The very best democrats could hope for is the court would rule that the legislature has to revote on the issue, giving a longer notice of time to vote. Even the liberal union supporters on Fox News admit that it would easily pass again and this lawsuit is only buying time.

[afraidfortherepublic]

Yeah, this lawsuit is buying time — time for the various school districts and teachers’ unions to lock in new contracts which will cost the taxpayers millions $$$.

[rhombus]

So now it’s the court’s job to determine whether or not a legislature followed their own rules? Who examines process for the courts and determines if they are being consistent?

[Tublecane]

“Who examines process for the courts and determines if they are being consistent?”

“Sed quis custodiet ipsos custodes?”
[But who will watch the watchers?]

-Juvenal

[sphinx]

If Kloppenberg is “garnering support” from the unions in connection with this issue, I presume that she would recuse herself from any part of the case should she win. And I would hope that this is being made clear now.