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Wis. Judge Tosses Out Most of Walker’s Anti-Labor Law
The progressive ^ | 9/15/2012 | Matthew Rothschild

Posted on 09/16/2012 5:11:34 PM PDT by listenhillary

On Friday afternoon, a Wisconsin judge dealt governor Scott Walker a big blow by ruling against the anti-labor law that Walker railroaded through last year.

Dane County circuit court judge Juan Colás ruled in favor of the Madison Teachers, Inc., and a public employees’ union in Milwaukee in tossing out most of Walker’s controversial law.

The judge found several key sections of the law to be violating the state’s constitution and the U.S. Constitution and deemed them “void and without effect.”

These sections included:

--requiring a referendum for wage increases above the cost of living for municipal and school district employees

--limiting traditional collective bargaining rights to public safety and transit unions (Walker’s effort to divide and conquer by exempting police and fire fighters)

--prohibiting payroll deduction of dues from all other public sector unions

--prohibiting municipal employers from bargaining on anything but wages for all other public sector unions

--imposing steep certification and recertification requirements for all other public sector unions

--prohibiting the city of Milwaukee from making the employee’s share of pension fund contributions.

The judge ruled that these sections of the law “infringe upon the rights of free speech and association guaranteed by both the Wisconsin and United States Constitution.”

He also ruled that the law violates the equal protection clause because it treats public and transit unions differently than other unions and other organizations.

And he said the section of the law that related to Milwaukee employee pensions violated the Home Rule Amendment of the Wisconsin Constitution.

Walker denounced the decision as biased by a “liberal activist judge” and said the administration would appeal.

Meanwhile, labor unions in Wisconsin rejoiced.

“As we have said from day one, Scott Walker’s attempt to silence the union men and women of Wisconsin’s public sector was an immoral, unjust, and illegal power grab,” said Phil Neuenfeldt, president of the Wisconsin AFL-CIO. “Now a court has ruled that the essential provisions” are unconstitutional.


TOPICS: Crime/Corruption; Extended News; Government; US: Wisconsin
KEYWORDS:

1 posted on 09/16/2012 5:11:39 PM PDT by listenhillary
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To: listenhillary

http://www.freep.com/article/20120915/NEWS07/309150071/Judge-tosses-Wisconsin-s-anti-union-law


2 posted on 09/16/2012 5:12:47 PM PDT by listenhillary (Courts, law enforcement, roads and national defense should be the extent of government)
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To: listenhillary

bfl


3 posted on 09/16/2012 5:13:17 PM PDT by TEXOKIE (Nobody made a greater mistake than he who did nothing because he could do only a little. EdmondBurke)
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To: listenhillary

You can find a judge to over turn just about anything these days.....


4 posted on 09/16/2012 5:14:06 PM PDT by cableguymn
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To: cableguymn

It had already passed the State Supreme court.


5 posted on 09/16/2012 5:15:01 PM PDT by listenhillary (Courts, law enforcement, roads and national defense should be the extent of government)
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To: listenhillary

I guess teachers will have to be fired after all then.


6 posted on 09/16/2012 5:15:13 PM PDT by Vince Ferrer
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To: TEXOKIE

honestly.. If all this crap continues...I’d really like to see some states leave this Union, it’s rapidly becoming a county that I don’t like or recognize. I’d make a bee-line for states.


7 posted on 09/16/2012 5:15:40 PM PDT by Chuzzlewit
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To: listenhillary

Walker & co. are certain that taking this to appeals will reverse this obstructionist judge’s error.


8 posted on 09/16/2012 5:15:51 PM PDT by Dutchboy88
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To: cableguymn

Except constitutional violations. Hello, Chief Roberts!


9 posted on 09/16/2012 5:16:46 PM PDT by stormhill
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To: listenhillary
Dane County circuit court judge Juan Colás

A Dane County circuit court judge? Imagine that. Color me not impressed, let's see what a real judge says.

10 posted on 09/16/2012 5:24:42 PM PDT by centurion316
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To: Dutchboy88
Walker & co. are certain that taking this to appeals will reverse this obstructionist judge’s error.

But note: There's no penalty to the judge, no matter how ridiculous his decision. Any judge can gum things up for the time it takes to make it through an appeal, and there's no professional blowback to him.

"Judge not, that ye be not judged" doesn't seem to apply in our system.

11 posted on 09/16/2012 5:29:52 PM PDT by Pearls Before Swine
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To: listenhillary

I wish a judge would have thrown out Obamacare with the same abandon as Dane County circuit court judge Juan Colás throws out Act 10, which is the will of the people of Wisconsin.


12 posted on 09/16/2012 5:30:24 PM PDT by jonrick46 (Countdown to 11-06-2012)
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To: cableguymn

This one will be our next US Supreme Court justice if Barry is reelected—and he knows it.


13 posted on 09/16/2012 5:31:25 PM PDT by Happy Rain (Mitt four then Sarah eight.)
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To: listenhillary
I wish he would just ignore the judge. Say, “Thanks for your opinion but it will not be enforced.” The law stands as written and passed by the legislature.
14 posted on 09/16/2012 5:36:12 PM PDT by mosaicwolf (Strength and Honor)
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To: listenhillary

um... he DOES know he is in a STATE courthouse and the US Constitution has nothing to do with this, right?


15 posted on 09/16/2012 5:43:31 PM PDT by Mr. K (Reagan: “Washington is where good ideas go to die.”)
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To: mosaicwolf

I think Walker has said he will do that. Ignore the judge in this case.


16 posted on 09/16/2012 6:00:47 PM PDT by listenhillary (Courts, law enforcement, roads and national defense should be the extent of government)
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To: listenhillary

EVERY contract expires—sooner or later.

When they expire-—DO NOT renew them.

Hire every worker & teacher on a separate contract basis.


17 posted on 09/16/2012 6:01:18 PM PDT by ridesthemiles
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To: listenhillary

Colas will be history when his gig expires in 2015. I live in Dane county and I can tell you that the arrogance of the local political elite really knows no bounds. Remember that in 2011 a Dane county circuit judge, Maryann Sumi, issued a restraining order to prevent the new laws on bargaining from taking effect. That was really effective - Ha! How do these local judges think that they regulate state law? Reality is that they DO NOT. Delusional arrogant leftie suckups.


18 posted on 09/16/2012 6:21:25 PM PDT by zagger
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To: Chuzzlewit

“honestly.. If all this crap continues...I’d really like to see some states leave this Union, it’s rapidly becoming a county that I don’t like or recognize.”

We tried. Federal honor killings ensued. They would again, unless the Washington government is bankrupt.


19 posted on 09/16/2012 6:26:38 PM PDT by Psalm 144 (Where would Christianity be if the early believers put their hopes and trust in the Roman empire?)
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To: Psalm 144

“prohibiting payroll deduction of dues from all other public sector unions”

They’ll fight this one until the end.


20 posted on 09/16/2012 6:32:48 PM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: centurion316
Working on a translation of this guy's name I looked very closely at the second part ~ 'colas' ~ and that seems to mean something like 'tail' although there's another term 'culo' that gets near to the problem, but doesn't quite hit the target.

Picking "Tail" as the root of the meaning, and noting his first name of 'Juan' or "wan' the best fit is WANKER!

21 posted on 09/16/2012 6:34:14 PM PDT by muawiyah
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To: listenhillary

A lot of judges are going to need to be replaced.


22 posted on 09/16/2012 6:34:56 PM PDT by YHAOS (you betcha!)
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To: muawiyah

Whatever his hobbies may be, I’m sure that devotion to justice are not among them.


23 posted on 09/16/2012 6:54:19 PM PDT by centurion316
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To: listenhillary

Walker should pull an “Obama”.. Ignore the judge and continue doing what he’s doing.


24 posted on 09/16/2012 7:18:22 PM PDT by Dapper 26
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To: listenhillary
So if a judge wants to stiff the executive and legislative branches of government, why don't they impeach her and jail her. Teach her and her fascist cronies a lesson.
25 posted on 09/16/2012 7:27:41 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: JCBreckenridge; All
"They’ll fight this one until the end."

C'mon END!!! That's exactly where we should be heading with our efforts on all this goofy government excess.

Only trouble is, our side seems all to willing to retire after a small percentage of progress toward that END!!!

This nation is up against the debt wall and too broke ignore the whole operations END!!!

It's no longer a matter of commonsense, compromise or especially, victory by incrementalism. It's time to WIN all the way to the END!!! NOW!!!

26 posted on 09/16/2012 9:17:49 PM PDT by SierraWasp ("The New Normal," is FAR from any normality!!!)
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To: muawiyah

Wah? Are you tryin ta pin the danged tail on the donkey???


27 posted on 09/16/2012 9:19:37 PM PDT by SierraWasp ("The New Normal," is FAR from any normality!!!)
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