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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
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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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