Wisconsin appellate court punts, says state supreme court must rule on collective bargaining bill

hot air ^ | 3/24/11 | Allahpundit

[Nachum]

Remember, the law’s momentarily in limbo after a trial court judge issued a TRO blocking it on procedural grounds. Today was supposed to be the day the appellate court decided whether to uphold the order or lift it. Which hand would be left holding the hot potato?

Answer: Neither. They’re passing it up the chain.

A state appeals panel said Thursday a case over a new collective bargaining law should go directly to the state Supreme Court.

The move puts the issue squarely before the Supreme Court less than two weeks before Justice David Prosser faces re-election.

It is at the high court’s discretion on whether it takes the case. It is not clear how quickly the court will decide whether to take it and, if it does, how soon it would issue a ruling…

There are two significant issues for the court to address, the decision said. First, the Supreme Court must rule on whether courts can void a law if a committee of the Legislature violates the open meetings law. Second, the high court needs to say whether courts can prevent the secretary of state from publishing a law, thus preventing it from taking effect.

The key issue isn’t whether the legislature can take away collective bargaining from PEUs but rather whether the Republican senate didn’t provide enough advance notice to Democrats before calling the conference committee meeting that led to passage of the CB bill.

[Steely Tom]

The key issue isn’t whether the legislature can take away collective bargaining from PEUs but rather whether the Republican senate didn’t provide enough advance notice to Democrats before calling the conference committee meeting that led to passage of the CB bill.

We're talking about the Democrats who left their seats and went into hiding in another state, right?

Alinksy rule #4: "Make the enemy live up to its own book of rules."

[Extremely Extreme Extremist]

This is what real tyranny looks like. Dems can't win at the ballot box so they protest en mass and try to overturn a bill that the majority supports. Then when they lose on that, they go straight to activist judges.

If Walker and the state GOP doesn't see this for what it is, a blatant, naked attempt at overturning the will of the majority - then they have no business being in office and the last election was a sham then.

[kabar]

The worst that can happen is that the bill goes back to the Senate and it will pass again regardless. This is just a delaying tactic.

[Gandalf_The_Gray]

...whether the Republican senate didn’t provide enough advance notice to Democrats before calling the conference committee meeting that led to passage of the CB bill.

The open meetings rule calls for 24 hour notice, in this case it really didn't make any difference since the entire dimocratic caucus chose to leave the state while the legislature was in session. The proposed handling of a new bill structured to remove any fiscal components was ran past two supposedly nonpartisan experts on the Wisconsin Constitution and specifically the subset of rules and regulations regarding the passage of legislation. Both sources gave the proposed method of passage a green light.

There is also a Constitutional question as to the legality of using a court issued restraining order to squelch legislation. Separation of powers rears it's head... There have also been lawsuits filed attempting to kill the bill. Seems to me that you can only sue the government if the government grants you the specific privilege to do so.

Yah sure, that's gonna happen!

Regards,
GtG

[_Jim]

The open meetings rule calls for 24 hour notice,

Senate rules take precedence, and said rules only require 2 hrs posted notice on bulletin board for special sessions (which this was) ...

Check althouse.blogspot.com back posts for more info.

[muawiyah]

Besides, the very first paragraph of the open meetings law EXEMPTS legislation concerning collective bargaining.

It would seem the Progressive pigs who wrote this particular bit of nonsense imagined, wrongly it turned out, that collective bargaining would always be on the go, and expansive.

I doubt they imagined Scott Walker would come along with a bunch of Republicans and begin whittling it back.

Now, it's time for Wisconsin to get beyond the failed nostrums and notions of the 1800s and move into the 21st Century will a full program of RIGHT TO WORK legislation, and the elimination of ALL public sector union collective bargaining rights.