Uncertain Odds for Wisconsin Government Union Law

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A Wisconsin Circuit Court judge has struck down the state’s controversial government union reform bill, saying the way the legislation was passed violated Wisconsin’s open meetings statute. The decision raised some eyebrows in the legal community, as did the timing of Judge Maryann Sumi’s decision. But the permanent injunction issued by the judge is hardly the end of the matter. The Wisconsin Supreme Court will hold a hearing on whether to take the case on June 6, and Sumi herself ruled in her original temporary restraining order on the bill that Republicans were free to pass the measure again as long as the state’s open meeting requirements were met. Both prospects, however, pose serious difficulties.

Judge Sumi, appointed by former Republican Governor Tommy Thompson, badly botched the decision according to some legal experts. Christian Schneider at National Review Online and others point to a glaring error made by Sumi, who wrote in her decision that the there was “no conflicting senate” rule that would contradict the open meeting law’s time requirements (24 hours notice for a legislative conference committee, from which a bill can then be brought to the floor).

But as law professor William Jacobson points out on his blog, there is indeed such a rule and that it specifically exempts committee meetings held during special sessions.

That’s not the only curious thinking in Judge Sumi’s opinion. Jacobson points to a critical precedent that says “courts must await a law coming into effect before ruling on the law, Goodland v. Zimmerman.” Sumi dismissed the impact of the precedent by claiming that it was decided before the open meeting law was passed. But Jacobson pointed out the obvious: “[T]he principle is the same; courts rule on legislation, courts do not stop legislation from being made.”

Some court watchers were surprised at the timing of Judge Sumi’s decision. Rick Esenberg, a Marquette University law professor who has tracked the court’s activities, told JS Online that he was not surprised at Sumi’s ruling, but was surprised that she handed down the decision now. “She had clearly indicated that was her view,” he said.”[Y]ou had the sense that she had established that she wasn’t going to rule this early, but apparently she decided she needed to do it.”

What might have compelled Sumi to issue the ruling now? Christian Schneider at NRO reports that the state’s Department of Justice wrote a letter to the judge on Wednesday asking her to recuse herself from the case because of a brief she had filed with the supreme court last week. The state DOJ objected to Sumi’s pronouncement that legislation can be thrown out due to violations of the open meeting law. The department argued that a judge should recuse his or herself from a case when a public comment has been made that “commits, or appears to commit” the judge to any issue or controversy in the case before him or her. So, to head off trouble with the Wisconsin Department of Justice, Sumi rushed her decision into print.

The issue of her recusal doesn’t matter now. But it underscores the slipshod manner in which Judge Sumi has handled this case from the beginning. Her original temporary injunction did not include a stricture against the Wisconsin Secretary of State scheduling the publication of the law — an oversight that allowed the Republican majority to ignore her original restraining order. On March 29, Sumi was forced to issue an additional injunction, enjoining the Secretary of State from officially designating a date for publication. But Bill Cosh, a spokesman for the Department of Justice, said at the time, “We don’t believe that the court can enjoin non-parties. Whether the Department of Administration or other state officers choose to comply with any direction issued by Judge Sumi is up to them.”

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  • Amused

    Gee , you mean the judge …….followed the law ? Shame on her .

    • USMCSniper

      Separation of powers idiot! The courts rule on legislation, courts do not stop legislation from being made.

      • zsqpwxxeh

        One shot, one troll. Well done, Marine.

        • scum

          Courts reserve the right to determine the constitutionality of the legislation process, and the legislation itself. It's called America.

          • zsqpwxxeh

            Sumi ruled that the WI legislature did not give notice of a committee hearing, therefore invalidating the law. The ruling is transparently phony since a) the legislature was in special session, which waives prior notice requirements; b) the legislature voted approval of the bill according to its own rules, which are not subject to judicial review. The second point is the most important. Every American legislative body determines what does and does not constitute a legitimate procedure and this is not–repeat not–subject to judicial review. Otherwise judges could invalidate laws on the basis of, for example, "There was an atmosphere of intimidation when the vote was taken," and similar rubbish.

            That's what separation of powers means, scum.

    • greg

      No …..she ignored the law……if Judges are above the law and can make their own then why have elections!

  • Steve Chavez

    If the Marxist Mafia Unions are successful in repealing laws which were passed by Republican officials, they will then learn that their thug tactics were successful and will do this all over the country when any Republican wins or enacts laws they don't like!

    Here in New Mexico, this is already happening to our newly elected Republican Governor Susana Martinez. Lawsuits have been filed by activists and their Democrat Legislators comrades. The Santa Fe New Mexican, (santafenewmexican.com) run by radical Leftists have stories and editorials every day complaining about something Martinez, or someone in her administration has done. But they were silent, and don't print stories, on the numerous Pay to Play allegations against their man, Bill Richardson, the sleaziest man in our history. There are new stories everyday in other major newspapers about him and his cronies that are not covered by the New Mexican!

    The Union Marxist Mafia is here too. The man behind the scenes is Gerry Bradley the former head of the NM Marxist Educators for Socialist Action and the NM Peace Council which can be traced to the Soviet KGB's World Peace Council. He was appointed by Bill Richardson to the NM Labor Department as an "economic expert!" REALLY! He then resigned and is now the expert at Voices for Children, a Leftist front! His name comes up in the Union fights in Albuquerque and Santa Fe!

    Wisconsin needs to stand up to these Marxist Mafias! Their protesting tactics are the worst I have seen and they should have been arrested and/or removed from all government buildings by the FIRE DEPARTMENT using their law of over-crowding "occupancy load!" The Republicans can pass laws that require "Quiet Please. Meeting in session."

    • scum

      Sounds like you've been listening to too much Glenn Beck today. I think they have pills for that. .. . . If you pass legislation against unions, you oppose free enterprise.

    • clarespark

      I believe you. Just finished Diane Ravitch's early book on the Great School Wars. She and other "moderates" made these left-wing groups legitimate in the school system. See http://clarespark.com/2011/05/28/who-is-a-racist-….

  • zsqpwxxeh

    Talk about taking counsel of your fears! Don't worry so much about every move the liberals make, Rick. Their only chance of seeing this through was if Kloppenburg defeated Prosser for the SC, and that has already been decided.

    The ruling is political garbage and everyone knows it. Sumi had to rule while there was even a chance of throwing it out. Otherwise, she wouldn't be a good soldier in the army of the Left, now would she? Next move: Recall her sorry ass.

    • Rifleman

      Exactly, two can play the recall game and the dp is getting clobbered on this one so far despite spending a lot of money and effort. They'll likely regret giving the GOP the idea and precedent.

    • Greg

      Not true, they will through judge Maryann Sumi’s court try to void the seating of Prosser and thus leave the Supreme court deadlocked in a 3 to 3 vote on the seating of Prosser. This will create a State constitutional crisis and be used on ALL the legislation being passed especially voter ID.

      In the Marxist lefts mind thug rule and ignoring the separation of powers over the majority is what democracy looks like!

  • jacob

    There is an old proverb stating that in heavens the LORD and in the earth the judges
    which is why one gets so disenchanted when learning about a venal judge or a
    biased and stupid one as the "beacon" of American jurisprudence this judge SUNI
    is….

    I would like to ask her how does she account for the fleeing legislators…

    I believe this moronic and viced ruling will be rejected on appeal but I guess it is
    time to fix matters once and for all and do what it may take to remove her from the bench, as well as the fleeeing legislators…
    Judges of this kind are more dangerous than a monkey with a straight razor

  • Supreme_Galooty

    This scenario has been played out before. By the end of the first century, Rome had already experienced how easily a republic could degenerate into despotism, and from despotism to tyranny. It was a time when mendicancy and subvention had become permanent political fixtures, and the bureaucracy was likewise bloated, permanent, and stultifying. For eighty years after, Rome was led by an unbroken succession of remarkably able leaders, unparalleled in history either before or since: Nerva, Trajan, Hadrian, Antoninus Pius, and Marcus Aurelius

    These men saw the dangers, did their best to curb the growing malignancy of centralization, bureaucracy, and institutionalized mendicancy and subvention, but the thing could not be done. The growing cancer had so weakened the host that upon the death of Marcus Aurelius there was simply not enough producing-power left to pay the bills. Under the gentle ministrations of the bureaucrats, nobody could do any business, the fields went untilled, the miliary was staffed by foreigners, and in spite of the noblest efforts of five of the ablest, they could not arrest the degeneration of the Roman populace into worthless, comtemptible, sheer human scultch.

    • scum

      Or Rome fell simply because the cessation of expansion led to fewer slaves, who performed all the most arduous tasks, to decline significantly. Moreover, the mere size of the empire worked against able administration. And the fact that there were a few good emperors obscures the existence of Nero and Caligula. To stereotype the Roman populace as 'worthless, contemtible,' and so on, is simply an unwarranted, vague attack on people generally. There were 'Romans' all over the place (Middle East, Africa, southern/eastern/central Europe), of all stamps. Roman was a catchall phrase for just about everybody. Funny also that you should complain the military was 'staffed by foreigners', given the current demographics of our mercenary army in the U.S.

      • Supreme_Galooty

        Don't be so obviously stupid. Your comment is typical rubbish: niggling balderdash mixed with fanciful speculation based on nothing more than a wish to take exception to something – anything. It is quite clear that you read my comment, but it is equally clear that you did not understand it in the least fashion.

      • Steve

        Also a good post, see "The Decline and Fall of the Roman Empire" for the details.

      • Rifleman

        Mercenary army of the US? Lol, tell us another one.

    • Steve

      A very interesting post…thank you.

  • Questions

    Judge Sumi embodies the worst sort of people who sit on the bench. Even if her permanent injunction is overturned on appeal — and that is far from certain — she has set a precedent that can be applied in all states. And regardless of outcome, delay will buy time for the Democratic opposition to make Walker's life miserable.

    • mlcblog

      Now here's how to take issue with a judge who happens to be a woman. Take note, Eye Duh Ho An!!

  • mlcblog

    Sexist! I can't believe someone is this …!!!

  • Fred Dawes

    Can we say Judgment At Nuremberg IS About what that system is all about.

  • mlcblog

    Isn't there a case for appeal considering the judge's obvious prejudice and that she did not see fit to recuse herself?

    • Greg

      If there is an appeal it will go to a deadlocked supreme court unless judge Prosser gets seated!

  • ReconRambo

    Women should not be allowed to vote, run or hold office of any kind, be a Judge in our Judical system, be mixed into our military system and in Law Enforcement, they should only be utilized in dealing with female offenders and prisoners. Women should in, no way usurp authority or rule over men. God, my Father made the man to be the ruler and the one in authority of his household and over the Governments of mankind. No, the man is not to be slave drivers, but to love and nourish that in which he has been put in charge of.

    • scum

      Silly boy

      • USMCSniper

        Now now you young castrati, you just take you lips off of Hillary Clinton's buttocks.

  • Mr. Hand

    what are you people…………on dope?

  • suprkufrB

    I am a hardcore rightie, but continue to be disappointed by my conservatave colleagues' lock-step vilification of the trade union movement. Surely, as believers in the free market system, we must agree that workers have the same right to sell their labor to an employer at the the highest negotionable rate as has that employer to sell his product to the consumer at the highest competetive price. What's sauce for the goose is sauce for the gander.
    I suspect that the great majority of my fellow rednecks enjoys a forty-hour week, holiday leave, workers' compensation provisions and paid sick leave. Do you believe that these fair and just benefits simply appeared out of thin air, or that magnanimous employers examined their consciences and conveyed them out of the goodness of their loving hearts? If you do, perhaps you might be interested in the fine pair of breeding mules I have for sale.

    • Supreme_Galooty

      If you are indeed a "hardcore rightie," then why, oh why, are you breeding mules?

      Unions today have worked very hard to earn the opprobrium they now endure. And while a valid, legitmate case can be made for their existence, the same cannot be said for government employee unions – especially the "professional" classes such as police and firefighters, but most especially school teachers. Teachers' unions are a blight on the American landscape and should be banned outright, and never be allowed to rear their ugly heads again.

    • semus

      What you say is true about how workers all workers have benifits but there was and is a cost everyone knows that who knows anything about history, If you don't think these benifits we enjoy, aren't getting paid for by us in reduction in salary and marked up goods, you're a fool. What everyone should also know is those unions weren't entirely innocent they seem to be big fans of anarchy, for many that was the true goal. if you justify what I've seen in WI, and other things not quite as blatent -for these many years by the way- you are not a hardcore righty you are a either a useful idiot or a hardcore lefty. I hope you're the former and don't realize things are always more complicated then they seem, if you're the latter you're a lost cause.

  • suprkufrB

    continued…
    The treachery, calumny and malfeasance of corrupt trade union officers like Beck, Hoffa and Fitzimmons are both widely known and legendary; still, they pale in comparison to those of the gluttonous corporate titans who receive 30 million dollar bonuses for driving their companies into the ground, annihilating the savings of countless hard working Americans in the process.

    • scum

      SuprkufrB speaks truth: Unions accomplished most of the gains that these folks take for granted and enjoy. Unions have to play tough, lord knows the corporations have. Moreover, many of the unions complained about are essentially conservative phenomena. Liberal unions were destroyed in the first Red Scare, paving the way for the Mafia penetration of the remaining unions. Communist infiltration was always a subtext to the real power of the Hoffas, etc.

  • semus

    I noticed the continued, sorry, but I'm afraid I can't agree at best it's a half truth some of the time. This argument is an old stale platitude that rarely stands scrutiny, class warfare is the disingenuous tool of the left used to pit one group against another, to achieve certain goals for one thing to obtain power for themselves.

  • USMCSniper

    It is all very simple. Separation of powers means that the courts evaluate to confirm or reject the legality of legislation, they do not insert themselves into the process of either passing or writing legislation. Got it?

  • Big Red

    Judge Sumi should be enjoined in hearing or ruling on this case as she is an intrusted party. Her son is a union official and therefore she cannot clam any impartiality as her fualty legal rulings show.

  • Steve

    More entertaining is the plight of California….it's past the point of no return, only a bailout from the Emperor can temporily save it….and this is only contingent on the Calif. having a DEM governor…..but then the whole shebang, the Republic and everything associated with it sinks beneath the waves.

  • anon

    leticia olalia morales of 15501 pasadena ave #8 tustin ca 92780 submitted fake document and paid 5000 dollars to btain a US tourist visa. she also submitted fake employment records to obtain a work visa. she is now applying or citizenship.

    • Amused

      I thought there should be no posting of personal addresses . What's up with that Admin ?

  • Amused

    Courts strike down legislation every day . That inturn gets appealed , and at the end of the day ,eventually comes up bto bthe Supreme Court which either makes a ruling or refuses to hear the case . To all you "patriotic americans " out there , that is called – DUE PROCESS .
    As Americans knowledgable of their own Constitution , they SHOULD know this . So to in this case , for it is not the first time any legislation has been struck down by a lower court , or veven an appelate court .So make all the accusations and insinuations you like ….this too will be subject to the AMERICAN JUDICIAL DUE PROCESS . Unless of course trhere are some of you out there who would like to see the process ABRIDGED .If so , then thoser folks are the ones who are UN-AMERICAN .

  • Amused

    It is "the opinion " of many on this blog that "collective bargaining " should be abolished , and that because of the ideology of a particular political party and its demagogues . Well the rest of the country , indeed the SCOTUS may noit feel the same way .If regarding Corporations as individuals, in regard to political contributions , has been ruled as Constitutional , then the right to colective bargaining is a constitutional issue , not to be decided by a political party in any particular state , but one which WILL be decided by the SCOTUS .Sorry folks ….it's a two way street. That's the way it is …in a DEMOCRACY .

  • BITOA

    THE DAY ANY JUDGE CAN WRITE OR INTERPRET THE RULES OF A LEGISLATIVE BODY WRITTEN BY THE LEGISLATURE THEMSELVES, IS THE DAY THE LEGISLATURE MAY (FROM TIME TO TIME) DEFUND THAT JUDGE, HER DISTRICT AND HER LIVLIHOOD, AND FURTHER, REWRITE ALL THE ADMINISTRATIVE RULES OF THAT JUDICIAL DISTRICT, JUST TO PUT A FINE POINT ON IT. AND ALSO A LITTLE TAR AND FEATHERS FOR DESERT.

    • mlcblog

      See above. This is how it works. Legislative, judicial, executive all contradicting and perhaps at times improving on each other. Trouble is, as so ably explained in the excellent history lesson by Supreme G, the people in these offices need to be educated to our ways and have respect for our institutions to make it all work, which I fear is what has been lost in this case. The judge does not resonate with our way of life and know how to protect our institutions which have given us our freedom and prosperity.

    • scum

      Perhaps a little 'Long Time Standing', with waterboarding on the side? You guys are good at that …

      • Rifleman

        Yea, just look in any US amusement park. We do it for fun, and we'll pay good money for it.

  • BITOA

    THE LEGISLATIVE BODY IS THE ELECTED VOICE OF THE PEOPLE, WHO MAY CONSENT TO BE GOVERNED.

  • BITOA

    HE JUDICIAL BODY EXISTS AT THE PLEASURE OF THE LEGISLATIVE BRANCH-
    ARTICLE III OF THE CONSTITUTION OF THE USA.

  • BITOA

    ANY TAKERS?

  • BITOA

    Courts strike down legislation every day . That inturn gets appealed , and at the end of the day ,eventually comes up bto bthe Supreme Court which either makes a ruling or refuses to hear the case . To all you "patriotic americans " out there , that is called – DUE PROCESS .
    YEP, DUE PROCESS, HENCE, ARTICLE III,
    OR DOESN'T THAT COUNT.

  • BITOA

    HOW DARE ARTICLE III MEAN WHAT IT SAYS IT DOES,
    GOOD DAY, AND GOOD BYE