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Van Hollen statement on appeal (WI judges over-reach)
Wispolitics dot comh ^ | 3-17-11 | JR Ross

Posted on 03/18/2011 12:49:20 PM PDT by bigbob

In a statement on the state's planned appeal, Attorney General J.B. Van Hollen says the Legislature and guv, "not a single Dane County Circuit Court Judge, are responsible for the enactment of laws."

Van Hollen said Supreme Court decisions have made clear that judges may not enjoin the secretary of state from publishing a law, the secretary of state cannot refuse to publish an act because of procedural or constitutional concerns, and acts cannot be enjoined simply because a rule of legislative procedure may have been violated.

"No matter whether individual citizens agree with the substance of the bill or the manner in which it was enacted, I would hope all see the value in ensuring this matter be given the opportunity to work its way expeditiously through the judicial process," Van Hollen said.


TOPICS: Government; News/Current Events; US: Wisconsin
KEYWORDS: appealoftro; barcasanidiot; walker; wisconsinshowdown
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Dane County Judge Maryann Sumi today granted a temporary restraining order blocking publication of the collective bargaining bill. The state of Wisconsin plans to appeal as noted above.

Now it's time for the people of Dane County, all of whom are NOT loopy liberals, to demand the recall of Judge Sumi. Appeals Courts exist because judges make mistakes, as is the case here, but the voters exist to remove judges who do not deserve to hold those positions of trust.

1 posted on 03/18/2011 12:49:27 PM PDT by bigbob
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To: bigbob

So what it appears we have here is not a judge who is making up law, but rather a judge who is clearly and consciously breaking it.


2 posted on 03/18/2011 12:51:55 PM PDT by henkster (Every member of Congress must put the fate of the nation over their next re-election campaign)
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To: bigbob

Yeah? What are you gonna do about it? (smirking Liberal asking the question)


3 posted on 03/18/2011 12:53:02 PM PDT by pabianice
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To: bigbob

UN-FREAKING-BELIEVEABLE


4 posted on 03/18/2011 12:54:18 PM PDT by DeaconRed (Margaqritaville: - Smell those shrimp they're beginning to boil. . . . .)
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To: Voter#537

Seems like someone is going to publish the law...


5 posted on 03/18/2011 12:56:08 PM PDT by gov_bean_ counter (I am declaring 2011 the year of ME.)
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To: bigbob

Here’s why it will fail in court and the libs know it.

1. Any law cannot override a senate rule. This includes open meetings laws.

2. According to senate rules special sessions do not require 24 hour open records postings. This is a pre-existing senate rule operated under for years.


6 posted on 03/18/2011 12:59:07 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: bigbob

Where did they find this pseudo judge?


7 posted on 03/18/2011 1:19:33 PM PDT by Cheetahcat ( November 4 2008 ,A date which will live in Infamy.)
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To: Secret Agent Man

So ??? Does this mean that they can just ignore this injunction and just implement the law?

I hope that is the case and they move forward with it since they really would not be defying the court since the court has no jurisdiction!


8 posted on 03/18/2011 1:20:03 PM PDT by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: Secret Agent Man

So ??? Does this mean that they can just ignore this injunction and just implement the law?

I hope that is the case and they move forward with it since they really would not be defying the court since the court has no jurisdiction!


9 posted on 03/18/2011 1:20:16 PM PDT by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: bigbob
Attorney General J.B. Van Hollen is legally correct, and will prevail in the end, but he and Governor Walker must prepare to and be willing to take DemoRat scalps in the process.

Marxist Judge Sumi's illegal order is applicable to the Secretary of State not the AG (the AG doesn't publish the laws, SS does). Hippie Marxist union thug Doug La Follette is SS and he will willingly obey the illegal restraining order until Wisconsin supremes order him to do the opposite.

Theoretically the law cannot be enforced until 24 hours after it is actually published. The delay can cause considerable damage and considerable litigation to (maybe) undo the damage.

Walker and Van Hollen will have to lead recalls, disbarments, and prosecutions for malfeasance against all DemoRat obstructionist conspirators and punish them, to reduce this activity in the future, or the obstruction is effectively a win for the union thug rats.

10 posted on 03/18/2011 1:28:54 PM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: jcsjcm

Yes, I would hope they would.

The Wisconsin Supreme has already ruled in prior cases that lower courts cannot 1) enjoin with the Secretary of State to prevent the implementation of a law. and 2) cannot prevent a law from going into effect because of an alleged or actual procedural violation.


11 posted on 03/18/2011 1:49:40 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: bigbob

I don’t think the ho has the authority to do this. If she does, our system is a lot more broken than we think it is. This was none of her GD business. It was a legislative branch thing.


12 posted on 03/18/2011 1:53:18 PM PDT by FlingWingFlyer (If you thought the lame duck Congress was fun, you're gonna love a lame duck Kenyan president.)
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To: Navy Patriot; Secret Agent Man

Thanks for your answers! It’s very troubling to experience how deeply imbedded these thugs run in our government!


13 posted on 03/18/2011 1:55:26 PM PDT by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: Navy Patriot

LaFollette should have been un-elected long ago. He was Secy State when I left Wisconsin, 24 yrs ago.


14 posted on 03/18/2011 2:01:00 PM PDT by Elsiejay
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To: henkster

And if the SoS was a republican, it wouldn’t matter. But the SoS is a Democrat, who will probably refuse to publish the law citing this court ruling as cover, and then someone will have to sue to get him to publish, which will mean another month waiting around for courts, while the unions bribe, cajole, and threaten localities into granting them big raises and protection from the law.


15 posted on 03/18/2011 2:01:44 PM PDT by CharlesWayneCT
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To: FlingWingFlyer

Immediatly reissue Lay Off notices, only now make it about 20,000. Then notify Justices that they will be receiving IOU’s instead of checks.


16 posted on 03/18/2011 2:03:50 PM PDT by stubernx98 (cranky, but reasonable)
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To: Elsiejay
He was Secy State when I left Wisconsin, 24 yrs ago.

His father was a big time union commie, too.

17 posted on 03/18/2011 2:08:51 PM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: Cheetahcat

Democrat appointment.


18 posted on 03/18/2011 2:13:19 PM PDT by afraidfortherepublic
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To: Navy Patriot

The current SOS, Doug LaFollette, is no relation to the legendary Sen. Bob LaFollette. He is a distant cousin who has been masquerading as a close relative for years. He even changed the spelling of his name so as to improve the masquerade. What’s more, he’s an unAmerican lefty who told a friend of mine to “move your flag pole back into the woods (in Door County) so that no one can see your American flag.”


19 posted on 03/18/2011 2:17:41 PM PDT by afraidfortherepublic
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To: afraidfortherepublic

“Democrat appointment.”

Figures, behind everything that is Dead Wrong, there is a Filthy Rat.


20 posted on 03/18/2011 2:22:47 PM PDT by Cheetahcat ( November 4 2008 ,A date which will live in Infamy.)
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