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BREAKING: Dane County judge strikes down Wisconsin collective bargaining law
Milwaukee Journal Sentinel ^ | 05/26/2011 | Jason Stein and Patrick Marley of the Journal Sentinel

Posted on 05/26/2011 9:03:01 AM PDT by SeekAndFind

Madison - A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees.

In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state's open meetings law in passing it March 9.

The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.

"It's what we were looking for," said Dane County District Attorney Ismael Ozanne, a Democrat.

Ozanne sued to block the law after Assembly Minority Leader Peter Barca (D-Kenosha) filed a complaint saying that GOP legislative leaders had not given proper notice in convening a conference committee of lawmakers from both houses to approve Walker's budget-repair bill.

A spokesman for state Attorney General J.B. Van Hollen and the state Department of Justice could not be reached immediately for comment on the decision. A spokesman for Walker also could not be immediately reached.

In the decision, Sumi appeared to be bracing for an outcry from Republicans and supporters of the law, noting that judges are supposed to apply the law even if their decisions will be "controversial or unpopular." Sumi writes that Ozanne showed by "clear and convincing evidence" that the open meetings law had been violated.

"This decision explains why it is necessary to void the legislative actions flowing from those violations," wrote Sumi, who was appointed to the bench by former GOP Gov. Tommy Thompson.

But the issue is far from settled. The state Supreme Court has scheduled arguments for June 6 on whether to take over the case.

"It's not over yet. I'm positive of that," Ozanne said. "The supremes are the supremes. They can do what they want."

GOP lawmakers also have said they would consider passing the law a second time as part of the 2011-'13 state budget if it was necessary to ensure that it takes effect.


TOPICS: Culture/Society; Government; News/Current Events; US: Wisconsin
KEYWORDS: bulletsnotballots; danecounty; laborunion; scottwalker; stockpilesong; sumi; wisconsin; wisconsinshowdown

1 posted on 05/26/2011 9:03:07 AM PDT by SeekAndFind
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To: SeekAndFind

It was a special session. Rule 99 allows it.


2 posted on 05/26/2011 9:06:31 AM PDT by massgopguy (I owe everything to George Bailey)
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To: SeekAndFind

Her again, figures....


3 posted on 05/26/2011 9:07:25 AM PDT by yield 2 the right ( Space blank until I come up with a nice Tagline.)
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To: SeekAndFind

“The supremes are the supremes. They can do what they want.”

Sounds like she is preparing to lose when she gets this in front of real judges.


4 posted on 05/26/2011 9:07:34 AM PDT by RobRoy (The US today: Revelation 18:4)
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To: SeekAndFind
Not unexpected considering this was a pro union judge. Everybody knows the final call will be made by the Supreme Court and thanks to the Prosser victory, that one she be more to our liking.
5 posted on 05/26/2011 9:08:18 AM PDT by apillar
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To: SeekAndFind

Not unexpected considering this was a pro union judge. Everybody knows the final call will be made by the Supreme Court and thanks to the Prosser victory, that one should be more to our liking.


6 posted on 05/26/2011 9:08:29 AM PDT by apillar
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To: yield 2 the right

>>Her again, figures....<<

My thoughts exactly. The first thing I did, when I saw the headline, was look for the judges name.


7 posted on 05/26/2011 9:08:31 AM PDT by RobRoy (The US today: Revelation 18:4)
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To: massgopguy

>>It was a special session. Rule 99 allows it.<<

I wonder what the judges thoughts are on that. :D


8 posted on 05/26/2011 9:09:34 AM PDT by RobRoy (The US today: Revelation 18:4)
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To: RobRoy
RE: “The supremes are the supremes. They can do what they want.”

No they can't, they broke up long ago...

9 posted on 05/26/2011 9:11:47 AM PDT by SeekAndFind (u)
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To: SeekAndFind
Ozanne said. "The supremes are the supremes. They can do what they want."

Spoken like a true Leftist/Marxist. They CANNOT do what they want. They are there to interpret the law. But I feel sure that their State Supreme court has their share of Leftist judges who feel they can do what they want.

10 posted on 05/26/2011 9:12:25 AM PDT by Bloody Sam Roberts (A "Moderate Muslim"? Nothing more than a Muslim Extremist who has run out of ammo.)
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To: SeekAndFind

The WI Supremes are scheduled to start hearing arguments on this on June 6. With Prosser, conservatives have a 4-3 majority.


11 posted on 05/26/2011 9:14:45 AM PDT by PapaBear3625 ("It is only when we've lost everything, that we are free to do anything" -- Fight Club)
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To: SeekAndFind

Not really. If Kloppenberg takes the election to court (we should know by this weekend) I don’t think Prosser can be seated on August 1 when the new term begins. That means 3-3 and the lower court ruling stands.


12 posted on 05/26/2011 9:32:15 AM PDT by emotionalcripple
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To: SeekAndFind

How is it that a liberal judge with strong ties to unions can be involved more than once in these matters? Aren’t there rules about conflicts of interest and can’t judges such as this one be impeached for incompetence or breaking the rules?


13 posted on 05/26/2011 9:36:00 AM PDT by kevinm13 (Tim Geithner is a tax cheat. Manmade "Global Warming" is a HOAX!)
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To: yield 2 the right

I think she has a track record of controversial decisions that aid the Democrats.


14 posted on 05/26/2011 9:38:51 AM PDT by Verginius Rufus
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To: SeekAndFind

Time to show some cojones and impeach this judge.


15 posted on 05/26/2011 9:40:51 AM PDT by Seruzawa (Hokey religions and ancient weapons are no match for good a blaster kid.)
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To: SeekAndFind

Where’s Buford Pusser when you need him? Back then this judge’s new office would be in the women’s room!


16 posted on 05/26/2011 9:41:28 AM PDT by LRoggy (Peter's Son's Business)
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To: SeekAndFind
Impeach the Judge.

If she won't go... Rule .308 is in effect.

17 posted on 05/26/2011 9:42:24 AM PDT by Dead Corpse (explosive bolts, ten thousand volts at a million miles an hour)
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To: SeekAndFind
Sumi, who was appointed to the bench by former GOP Gov. Tommy Thompson.

Well, that ends the Senate run.

Sad, I used to respect the guy.

18 posted on 05/26/2011 9:42:40 AM PDT by Last Dakotan
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To: SeekAndFind

I’ve searched our constitutions diligently, and have yet to find enumerated judicial power to make or veto laws, or to amend constitutions.


19 posted on 05/26/2011 9:44:50 AM PDT by EternalVigilance ('We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you')
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To: RobRoy
Yup, The Supremes are The Supremes
20 posted on 05/26/2011 9:49:48 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: SeekAndFind

With no standing, this judge should be impeached. I believe it can be done with the vote of both houses in WI. Is this right?


21 posted on 05/26/2011 9:50:15 AM PDT by Logical me
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To: EternalVigilance

must be in the penumbra...


22 posted on 05/26/2011 9:51:31 AM PDT by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: SeekAndFind

Sorry to say but Walker and the Wisconsin Republicans have been outmaneuvered at almost every possible turn throughout this fight. At no level have the Republicans performed well and the end result of this entire battle is, at least as of now, a giant nothingburger. Collective bargaining remains as it was and there appears not route to getting this into law - at least not one conservatives are willing to take.

The union backed Democrat lawmakers, judges, etc, are spinning this thing out in such a way to prevent this law from ever taking effect. The 4 conservatives on the Wisconsin Supreme Court appear unable or unwilling to intervene. Sumi strung this thing out according to plan and her decision was what everyone knew was coming.

Walker and our Wisconsin Republicans have their hearts in the right place, but man, when it comes to tactics and strategy the Dems are making them look like rank amateurs.


23 posted on 05/26/2011 9:56:21 AM PDT by Longbow1969
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To: WOBBLY BOB

Neither me nor my forebears signed up to live in a judicial oligarchy. We are part of a constitutional republic. How ‘bout you?


24 posted on 05/26/2011 9:57:33 AM PDT by EternalVigilance ('We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you')
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To: apillar

Isn’t Sumi’ sson in the SEiU? She should have recused herself. Ii would cal for her resignation and recall her.


25 posted on 05/26/2011 10:02:31 AM PDT by EQAndyBuzz (Who is John Galt)
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To: SeekAndFind
It looks like Sumi is campaigning for that open spot at the 9th where she would feel at home being overruled.
26 posted on 05/26/2011 10:03:33 AM PDT by chopperman
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To: Longbow1969
there appears not route to getting this into law

Not to put too fine a point on it, but it's already in law. Passed by the representatives of the people, and duly signed by the Governor.

It's illegal for a member of one branch of government to usurp the powers of a separate branch. Impeach and remove. Should take about one day.

27 posted on 05/26/2011 10:08:37 AM PDT by EternalVigilance ('We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you')
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To: SeekAndFind
Reason vs Rationalization....

Justice vs Justification...

Intellectual honesty vs Intellectual dishonesty...

Right thinking vs Left thinking

28 posted on 05/26/2011 10:09:59 AM PDT by tophat9000 (Global Warming, undeniable truth; Obama, infallible genius; Apple perfect, invented everything)
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To: Dead Corpse

I am surprised we haven’t seen it happen yet, especially in recent years.


29 posted on 05/26/2011 10:12:06 AM PDT by RabidBartender
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To: EternalVigilance
It's illegal for a member of one branch of government to usurp the powers of a separate branch. Impeach and remove. Should take about one day.

The Walker administration lost the right to claim that when they agreed to abide by Sumi's decision to stay the collective bargaining law. Now Sumi has struck it down and I doubt very seriously the Walker administration will defy her.

The Walker administration will try to get this in front of the Wisconsin Supreme Court, but this process that supposedly starts June 6th will just be delayed, put off, interrupted, etc. Kloppenclown will go to court to muck things up for Prosser, new law suits will be filed, etc. As long as the 4 conservatives on the Wisconsin Supreme Court refuse to quickly strike Sumi down, this nonsense will continue for months and months and months and the collective bargaining law may never go into effect.

Wisconsin Republicans have simply been outmaneuvered at nearly ever turn. They look hapless and incompetent.

30 posted on 05/26/2011 10:22:24 AM PDT by Longbow1969
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To: Longbow1969
They look hapless and incompetent.

And unprincipled and cowardly.

They swore an oath to preserve republican government. The separation of powers is a critical component of that.

31 posted on 05/26/2011 10:29:25 AM PDT by EternalVigilance ('We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you')
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To: SeekAndFind

It's really not enough to simply overrule her judgement in the Supreme Court. Clearly she is a judicial activist. She is incapable of impartiality, which is a requirement for the seat she holds. It's not enough to overturn her decision; she needs to be removed from the court.


32 posted on 05/26/2011 10:30:01 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: EternalVigilance

I’m with you.

(I’m an extremist!)


33 posted on 05/26/2011 10:30:36 AM PDT by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: emotionalcripple

He is already seateed on the Supreme Court. His reseating from the recent election will take place in August.


34 posted on 05/26/2011 10:37:35 AM PDT by Redleg Duke ("Madison, Wisconsin is 30 square miles surrounded by reality.", L. S. Dryfus)
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To: Longbow1969
You appear to not have a clue.

But it is apparent where your heart is...in a place where Republicans always fail.

35 posted on 05/26/2011 10:39:15 AM PDT by Redleg Duke ("Madison, Wisconsin is 30 square miles surrounded by reality.", L. S. Dryfus)
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To: RabidBartender
It's a big step. Everyone wants to exhaust all other options before even contemplating such a thing. For good reason too...

However, "When in the course of human events..."

36 posted on 05/26/2011 11:43:57 AM PDT by Dead Corpse (explosive bolts, ten thousand volts at a million miles an hour)
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To: Redleg Duke
But it is apparent where your heart is...in a place where Republicans always fail

Err, no. I do not run around bemoaning all Republicans as failures. I do not whine and cry when they don't do everything I/we want, I understand there are political realities and there is a big difference between being a keyboard commando and actually having to get things done. Politics is most certainly the art of the possible. Aim high, but yes, we will have to accept half a loaf sometimes

Saying that, I think its pretty obvious Walker and the Wisconsin Republicans have simply been outmaneuvered on this. Their heart was in the right place, but as of yet they have simply not succeeded in making this legislation law. A massive battle was fought over this budget repair bill featuring the collective bargaining changes, and it is STILL not in effect. The Democrats have done the most appalling and atrocious things in this fight and have managed to get away with them, meanwhile the Republicans appear to be trying to do things by the book and getting their butt's handed to them.

The union thugs are using their pawns to their maximum advantage. Delay, delay, delay. Think this will be the last lawsuit against the law? I doubt it. The left has the chief justice on the Wisconsin Supreme court to hold things up, drag things out. If they finally get around to ruling in Walker's favor I have little doubt more lawsuits will be filed to stop the law again and force it up through the courts. Meanwhile Kloppenclown will probably drag things out in an attempt to keep Prosser from having a say on this. At the same time the leftists are using the recall elections to pressure the Wisconsin Senate Republicans from taking this issue up again. So far, that seems to be working.

If the conservative judges on the Wisconsin Supreme Court can not or will not slap Sumi down, it is time for the Republicans in the Assembly and state Senate to repass the collective bargaining legislation and comply with the Open Meetings Law. And why aren't they doing that? My guess is the unions and Democrats have them scared to death of more protests and the upcoming recalls.

37 posted on 05/26/2011 1:14:41 PM PDT by Longbow1969
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To: Longbow1969
Wisconsin Republicans have simply been outmaneuvered at nearly ever turn.

Really?? Let's see, yesterday Walker signed a bill requiring a photo ID to vote. Coming up soon is concealed carry without a permit. In my book that looks like progress.

I'm sure they have some reason for letting this go to the Supreme Court. It probably revolves around not giving the Dems an opportunity to paint them as breaking the rules if/when the SC rules that they did things by the book. No matter what happens at the SC level, they still have the ability to put it back on the docket and re-vote at which time the libtard judge won't have a damn thing to say about it. Remember, the issue she ruled on was regarding the proper notice and our open meetings law. It had nothing to do about the leglislation itself. I kind of hope they do a revote anyway. I think that most people in the state are sick and tired of the Dems protesting everything and wouldn't take kindly to the inevitable protest should a revote be scheduled.

38 posted on 05/26/2011 1:19:13 PM PDT by BlueMondaySkipper (Involuntarily subsidizing the parasite class since 1981)
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To: Longbow1969
Sorry to say but Walker and the Wisconsin Republicans have been outmaneuvered at almost every possible turn throughout this fight.

WRONG!

39 posted on 05/26/2011 1:23:14 PM PDT by SeeSac
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To: BlueMondaySkipper
Really?? Let's see, yesterday Walker signed a bill requiring a photo ID to vote. Coming up soon is concealed carry without a permit. In my book that looks like progress.

Very good, but I was specifically addressing the war over the budget repair bill/collective bargaining changes. Walker and the Republicans can win every other battle, but if this does not become law they will have failed in the fight against these noxious public employee unions. In that particular tug of war, it seems to be the union thugs have so far bested Walker and the Republicans. Months after the protests, sit ins, fleabaggers hiding in Illinois, etc, etc, and this thing is STILL not the law of the land.

40 posted on 05/26/2011 1:34:54 PM PDT by Longbow1969
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To: Longbow1969; BlueMondaySkipper
and this thing is STILL not the law of the land.

You mean "law of the state" there, Eeyore.


41 posted on 05/26/2011 8:12:11 PM PDT by Agamemnon (Darwinism is the glue that holds liberalism together)
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To: Agamemnon
You mean "law of the state" there, Eeyore.

Yes, yes, you got me, law of the state.

42 posted on 05/26/2011 8:20:29 PM PDT by Longbow1969
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To: Longbow1969

It is my understanding that Walker wants this to go to the Supremes so that they can slap Sumi down and make it clear that a Judge does not over-rule legislation. That is the only way he can prevent constant tampering by the libs in passing legislation. Until it is spelled out that a liberal judge has no power to overrule the legislative branch, he will face this road block at every turn.


43 posted on 05/28/2011 7:58:20 AM PDT by onevoter
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