Victory for Walker: the Wisconsin Supreme Court reinstates the collective bargaining law
The Wisconsin Supreme Court was eager to let the lower court know it had grossly overstepped in going against the will of the legislature:
IT IS FURTHER ORDERED that all orders and judgments of the Dane County Circuit Court in Case No. 2011CV1244 are vacated and declared to be void ab initio…This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature…The court does so because whether a court can enjoin a bill is a matter of great public importance and also because it appears necessary to confirm that Goodland remains the law that all courts must follow…Accordingly, because the circuit court did not follow the court’s directive in Goodland, it exceeded its jurisdiction, invaded the legislature’s constitutional powers under Article IV, Section 1 and Section 17 of the Wisconsin Constitution, and erred in enjoining the publication and further implementation of the Act.
“The Act” was the one that limited the unions’ collective bargaining powers.
Although the Supreme Court decision seems to be a close one with a 4-3 vote, it actually was not:
The majority said there was no constitutional violation, and that the courts had no authority to review whether the legislature had followed its own rules.
The dissents issued no opinion on whether there was a constitutional or statutory violation, or frankly whether at all Sumi [the lower court judge] was correct. They just disagreed with the [Wisconsin Supreme] court rushing through it and not taking it on appeal with a full record instead of as an original action.
Next Act: Recall elections of nine Republicans and three Democrats.
OOPS. Make that only six Wisconsin Republicans on recall election.
SLAP, BAM, WHACK, THUD, CRUNCH, CLOBBER:
Dear Sumi, you miserable slut,
“void ab initio…
has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature
it appears necessary to confirm that Goodland remains the law that all courts must follow…
the circuit court did not follow the court’s directive in Goodland,
it exceeded its jurisdiction,
invaded the legislature’s constitutional powers
and erred in enjoining the publication and further implementation of the Act.”
I don’t usually hold with beating women but in this case and using this method I’m making an exception.
Dems are lawless these days. ‘Nother example? Obama totally ignoring the War Powers Act.
This is welcome news, but it will end up in federal court with the outcome unknown. Hold the line Wisconsin.
texexec,
What about selective enforcement of voting rights laws, Obamacare waivers that are not mentioned in the law, interference of the Labor Relations Board in locating a Boeing factory in NC? The list goes on and on. I see a campaign poster featuring a picture of Obama with the question, What is it about the Rule of Law that you don’t understand, Mr. President?
A bit of dialogue from A Man for All Seasons….
“William Roper: So, now you give the Devil the benefit of law!
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
William Roper: Yes, I’d cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”
Wisdom beyond the likes of BHO.
It almost makes me want to move to Wisconsin. Almost. And then I think about the winters there…
Hey, good call Parker! Look.
http://hotair.com/archives/2011/06/15/unions-file-lawsuit-against-wi-collective-bargaining-law-in-federal-court/
Another Walker (Vaugh) was “vindicated” when a charge he was biased on the anti-Prop 8 case because he was a homosexual was not granted. Ed Whelan at NRO scopes it out. Back on August 13, 2010, Whelan stated “I can’t imagine that any federal district judge has ever committed more egregious and momentous acts of malfeasance in a case.” But all’s fair in homo love and war.