Posted on 03/21/2011 9:05:27 PM PDT by Jean S
Having taken a closer look at the text of Judge Sumi's decision in Ozanne v. Fitzgerald, I am quite frankly astonished. The court seems to have managed to enjoin publication of the statutory changes in the budget repair bill without addressing any of the difficult issues that the case presents.
First, there is an issue as to whether the case is even ripe for decision. In Goodland v. Zimmerman, 243 Wis. 459, 10 N.W.2d 180 (1943), the Supreme Court held that judges may not enjoin the publication of a law on the basis that it is or might be unconstitutional. A bill, in the Court's view, is not enacted until it is published such that publication is part of the legislative process with which courts may not interfere. Unless the Court wants to abandon that precedent, I think that it clearly requires that the restraining order be vacated and the case be remanded with instructions to dismiss.
(Excerpt) Read more at sharkandshepherd.blogspot.com ...
This is basically a corrupt practice. If somebody put their mind to it hard enough there ought to be some way this judge could be sued.
A real judge needs to look at this case and make a decision. A commie ‘RAT political hack just isn’t qualified to make these kinds of decisions.
just appeal and get it over turned. should be easy enough to do.
Why have they not done it?
just appeal and get it over turned. should be easy enough to do.
Why have they not done it?
I don’t know about sued, but how about impeached for judicial misconduct.
Some limits on judges running the legislature might help..
Maybe draconian jail sentences for being busybodies..
They’re workin’ on it. The State Senate Republicans want to go the Appeal route rather than just re-passing the bill because they don’t want a 2-bit political hack county court judge on record as telling them what to do.
Before it became known that her son is a Union Organizer and SEIU worker, several Republican members went on record as saying they were confident she did this just to “boot it upstairs” i.e. get it out of her courtroom. Now that we know she had a conflict of interest, that seems to have obviously been the case.
If this is “what democracy looks like” it’s good reason to be thankful we have a representative republic.
I heard Charlie Sykes say the judge took off on “vacation” right after the ruling.
Yep, she left for vacation right after her ruling.
This is a hot potato and none of the liberal judges want to touch it, hence the vacation. The democrats wrote the state senate rules that allow this kind of session and they used it many times while they were in power. The next step of the appeal will go to more liberal Madison judges.
Unfortunately, if Justice Prosser loses the his court seat on April 5, liberal judges will rule Wisconsin. Bye bye to the rule of law.
The non-partisan person they go to in the senate said they where fine. The rule can be waved by the senate.
it’s been asked before, and I will ask it now. At what point does a county judge have control over the state house, senate and governor? (she doesn’t)
Also, the rule does not apply to special sessions. They where in special session when it was passed.
That’s a very interesting little read. A judge with more honor would have recused herself because of her left-wing lunatic family.
“A judge with more honor would have recused herself because of her left-wing lunatic family.”
Since when do left wing lunatics have any honor???
“Since when do left wing lunatics have any honor?”
They do not. This reminds me of Barky starting a new war and taking off on “vacation” for Rio right afterwards.
Limbaugh was discussing this last Friday, this Sumi person sounds like a classic judicial activist.
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