Posted on 03/25/2011 9:59:04 PM PDT by Libloather
Union law published despite restraining order
Fitzgerald, Barca disagree on whether law goes into effect Saturday
By Patrick Marley and Jason Stein of the Journal Sentinel
Updated: March 25, 2011 11:22 p.m.
Madison — In a stunning twist, Gov. Scott Walker's legislation limiting collective bargaining for public workers was published Friday despite a judge's hold on the measure, prompting a dispute over whether it takes effect Saturday.
The measure was published to the Legislature's website with a footnote that acknowledges the restraining order by a Dane County judge. But the posting says state law "requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment."
The measure sparked protests at the Capitol and lawsuits by opponents because it would eliminate the ability of most public workers to bargain over anything but wages.
The restraining order was issued against Democratic Secretary of State Doug La Follette. But the bill was published by the reference bureau, which was not named in the restraining order.
Laws normally take effect a day after they are published, and a top GOP lawmaker said that meant it will become law Saturday. But nonpartisan legislative officials from two agencies, including the one who published the bill, disagreed.
"I think this is a ministerial act that forwards it to the secretary of state," said Stephen Miller, director of the Legislative Reference Bureau. "I don't think this act makes it become effective. My understanding is that the secretary of state has to publish it in the (official state) newspaper for it to become effective."
(Excerpt) Read more at jsonline.com ...
Sounds like a catch 22.
I would never advocate violence of any kind, but tar and feathers would look real good on that judge.
This is what happens when you give black robes to political activists with a political agenda. Real judges who care about the law are rare these days. IMHO.
This is interesting. If I understand things correctly, the Judge placed a restraining order on the Sec of State that effectively made him break the law.
“stunning twist”? To who those who filed suit without knowing fully how WI law worked?It is the law the legislature passed and must be published by law.
When violence visits you, I advocate violence in return, only overwhelming violence. Talk sure doesn’t get it when violence comes to your door.
Sounds like the idiot judge screwed up in her rush to war.
The rule of law, what a quaint and curious notion that must be to Judge Sumi.
Or maybe she knew jolly well this was going to happen and “went on vacation” so she wouldn’t be there when the feces struck the propeller.
She’s still got her Dutch girl finger stuck in the “dike” — for now, because she supposedly enjoined the whole bloomin’ thing — but again how can any judge rule on any law until it has, well, gotten published for the judge to look at? Cheeseheads. The Wis Supremes will be, in effect, figuring out how many angels or devils can stand on the point of a pin.
"If the DA didn't want the Legislative Reference Bureau to publish, then the DA should have made sure that they were part of the restraining order."
This is merely the appetizer for the upcoming April 5th Supreme Court election....that’s the biggee..
Isn’t the judge related to the major SEIU organizer in the state. Her brother, son or husband????
It's good they published it within the 10 days or the Dems and their lapdog judges would have used that against them too.
Another story about the bill's publication here
It ends with these priceless quotes:
[excerpt]"It's craziness. These guys are off the wall. They're drunk with some kind of power or misconception of reality," he [Marty Beil, executive director of Wisconsin State Employees Union, the state's largest public employee union] said of Walker and Fitzgerald.
Phil Neuenfeldt, president of the Wisconsin State AFL-CIO, called the action an "illegal backdoor maneuver."
"This is a dark day for Wisconsin and a travesty to our democracy," he said. [end excerpt]
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From where I'm sitting, a bright new day has dawned in Wisconsin and it's ready to spread across the country.
It is about the union thug bullies and their democrat lapdogs losing their unelected control over WI government.
They are willing to do whatever it takes to keep their control.
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