The Rule of Law ... the cement in the American foundation ...

[Moab]

Wisconsin, Tea-bagger Governor Elect .. sez he'll defy the latest State Supreme Court Justice ruling on the Anti Union Legislation ...

That's beyond his power as a governor who swore to uphold the laws of the state of Wisconsin.

Like the law or not the only thing that makes us unique over all other democracies is the Rule of Law.

A Wisconsin judge has ruled that there should be no further implementation of a law taking away nearly all collective bargaining rights for public workers.
Dane County Circuit Judge Maryann Sumi said Tuesday that her earlier restraining order saying the law shouldn't be enacted had either been ignored or misinterpreted.
Sumi stopped short of saying the law was not already in effect. She says she will take more testimony on that issue.
The Legislative Reference Bureau posted the law on a legislative website Friday, leading Gov. Scott Walker's administration to declare the law was in effect.
Sumi revised her original March temporary restraining order blocking the secretary of state from publishing the law, which is typically the last step before it becomes effective.

[curtinsea]

ah if only laws were letter perfect. Unfortunately, in America, nothing is the "rule of law" until the United States Supreme Court says it is.

What is going on in Wisconsin is the worst example of politics gone crazy I have seen in a while. Dems don't like a bill that they don't have the votes to stop, so the runaway hide hoping that thwarts the efforts of their opponents. It doesn't

Now they are doing all they can to not only unseat republicans in special elections, which by the way costs the state more money they will have to cut from the budget, but they are also making a political issue of the state supreme court, by working to change the make-up of the court, they hope that will permanantly block this bill. It won't.

This will end up in the US Supreme Court before it's over, unless they Wisconsin reps just do it over, thereby preempting all this bs from the Dems.

And you talk of rule of law and how it's the republicans who can't follow it? The problem with political discourse in America is we all give our side a pass, which just gives the other side an excuse, when it's all a bunch of bullshit.

[Moab]

Curt ... regardless of the political rhetoric one man the Governor of the state is choosing to overturn a Justices order until the law has been examined and is not in conflict with the laws of Wisconsin.

It's his decision, not the decision of the Democrats or Republicans the legislaters from both parties acted within the boundaries of Wisconsin law while passing the law into effect.

The Governor has decided to become a dictator, taking upon himself to determine what's god for the State .. Now that sounds like how it was done in the "Evil Empire."

Personally I have this one is flagged on my news clippings as something to watch because I believe both parties the Republicans and Democrats will unite on letting the "due process" take charge and work it's way through Wisconsin's legislative appeals process.

[curtinsea]

I read the same piece you are quoting there, and your hyperbole doesn't match up with the facts.

. . . . The Governor has decided to become a dictator, taking upon himself to determine what's god for the State .. Now that sounds like how it was done in the "Evil Empire."

The law was "published", which under state law would put it into effect, and that is how it was interpreted by the Governor. The piece above is after that, when the judge reitterated her position and clarifying her injunction, stopping that implementation.

"The ruling deals a setback to Gov. Scott Walker and his administration, which said Tuesday that work on the payroll changes would stop if Sumi ruled the law hadn't taken effect."

The Governor is now abiding by that ruling, so there is no "dictatorship" or anything like that. He was acting as he understood the law to be. Laws are ambiguous and almost always need to face judicial challenge before their interpretation is clear. As I said, the only rule of law is that nothing is rule of law until the US Supreme Court says so.

Personally I have this one is flagged on my news clippings as something to watch because I believe both parties the Republicans and Democrats will unite on letting the "due process" take charge and work it's way through Wisconsin's legislative appeals process.

And I disagree about the parties uniting in waiting on the judge. I believe the republicans HAVE TO redo the bill and get it through to the governor before these recall elections happen. The die is cast, they have nothing to gain by waiting, some of those Republicans may very well lose their seats over this, and it would all be for naught if they don't close this up before they go.

[curtinsea]

Here we have a county judge blocking a state law, passed by the legislature and signed by the governor, from going into effect. This could be viewed as one person exercising authority she doesn't/shouldn't have in the first place, and interfering with the legislative process by interjecting herself from the bench.

I personally am not bothered by the ruling, I think it would be easily resolved by resubmitting the bill for votes and passing it again. Now that the children have come home to participate . . .

A Wisconsin judge ruled Thursday that the state's explosive new union law that would severely limit the collective bargaining power of most public-sector employees is not in effect.

Dane County Circuit Judge Maryann Sumi's ruling follows a restraining order she issued earlier this month preventing the secretary of state from publishing the law, typically the last step before it takes effect. But another state office published it and Republicans who pushed the legislation declared the law in effect. Sumi issued a declaration on Thursday morning saying the law wasn't properly published.

The ruling deals a setback to Gov. Scott Walker and his administration, which said Tuesday that work on the payroll changes would stop if Sumi ruled the law hadn't taken effect.

The ruling is just the latest twist in a budget drama that has gripped the nation's attention for the last several weeks.

Republicans passed the bill this month by outmaneuvering Senate Democrats who had fled the state to block a vote. Republicans split the collective bargaining part from the budget relief bill so they wouldn't need a quorum to hold a vote.

But Dane County District Attorney Ismael Ozanne and Assembly Minority Leader Pete Barca, both Democrats, filed a court challenge, arguing that Republicans violated the open meetings laws.

As the open meetings suit was pending, Sumi issued a temporary restraining order that prevented Secretary of State Ken LaFollete from publishing the law, now known as Act 10. Publication of the law is the last step to putting a bill into effect, and Democrats argue that the law is not in effect until LaFollete issues the publication. However, the Legislative Reference Bureau also has responsibility for publishing laws, and Republicans said LRB's publication makes it official.

Republican Attorney General J.B. Van Hollen had advised Walker that because Sumi didn't specifically name the administration in her order barring further action on the law, it can proceed with the payroll changes. Justice Department Executive Assistant Steve Means said Wednesday that the state's position had not changed.

Republican Assembly Speaker Jeff Fitzgerald went further, openly questioning the judge's right to rule in the case, saying it "flies in the face of the separation of powers between the three branches of government."

"It's disappointing that a Dane County judge wants to keep interjecting herself into the legislative process with no regard to the state constitution," Fitzgerald said in a statement.

Walker released the rest of this year's budget balancing plan Wednesday, drawing support from Democratic leaders, and the Legislature was expected to pass it next week.

Sumi (the judge) and others have suggested the Legislature could resolve issues over the legality of the collective bargaining law by simply passing it again.

But there is no indication the Governor is ignoring this ruling . . . .

[Moab]

She's from the Circuit Court, Curt.

I only want to know if it's right for the Majority to ignore a lawful order? I really don't care who or what court issued it as long as it's lawful in Wisconsin.

I want to know from the right, that if it's OK if they feel the justices are from the left or believe they are because they were ruled against in a temporary order and in that belief they have the right to end around the order.

[curtinsea]

She's from the Circuit Court, Curt.

I only want to know if it's right for the Majority to ignore a lawful order?

Nope. But neither is that what is happening. This was just a case of the Governor interpreting the law as having gone into effect. He is neither contesting nor circumventing that order, and is abiding her ruling.

I want to know from the right, that if it's OK if they feel the justices are from the left or believe they are because they were ruled against in a temporary order and in that belief they have the right to end around the order.

Nope, again, not what is happening

In their belief, the law had gone into effect, rendering her restraining order moot.

[maverick35]

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