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Judge Rules Wisconsin Collective Bargaining Law Not in Effect (Judge makes up new law)
My Fox 9 ^ | 3/31/2011 | Newscore

Posted on 03/31/2011 8:33:07 AM PDT by tobyhill

A judge in Madison, Wis., on Thursday ruled a controversial law severely limiting the collective bargaining powers of public employee unions in the state was not in effect.

Following a court hearing on March 29, Dane County Circuit Court Judge Maryann Sumi issued a declaration on Thursday morning stating that the state officials had not followed correct procedures when they published the law "and is therefore not in effect."

(Excerpt) Read more at myfoxtwincities.com ...


TOPICS: Breaking News; Extended News; News/Current Events; US: Wisconsin
KEYWORDS: breakingnewsduh; corruption; democrats; govtabuse; liberalfascism; maryannsumi; sumi; unioncorruption; unionjudge; unions; wisconsin; wisconsinshowdown
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To: Admin Moderator

Way to go. This happened just this morning and it’s not worthy of Breaking? What on earth are you thinking?


21 posted on 03/31/2011 8:58:45 AM PDT by Sir Gawain
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To: tobyhill

Bump.


22 posted on 03/31/2011 8:59:28 AM PDT by gov_bean_ counter
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To: tobyhill

Just “deem” it to be.


23 posted on 03/31/2011 8:59:49 AM PDT by CSM (Keeper of the "Dave Ramsey Fan" ping list. FReepmail me if you want your beeber stuned.)
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To: longtermmemmory

She’s buying the rats in the wisconsin legislature political cover and time. The rats know the people outside Dane County who work for a living are not happy with their rat reps. The judge’s rulings no matter how dumb they are, give the media something to stay “balanced and fair”, without putting a rat’s name on record.


24 posted on 03/31/2011 9:00:00 AM PDT by blackdog (The mystery of government is not how Washington works but how to make it stop)
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To: gov_bean_ counter

For some reason this new TRO that happened JUST NOW is not worth being in Breaking News.


25 posted on 03/31/2011 9:00:26 AM PDT by Sir Gawain
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To: longtermmemmory

I was losing badly in a game of Monopoly the other day. Is Sumi available to issue an injunction against the other players?


26 posted on 03/31/2011 9:00:53 AM PDT by C210N (0bama, Making the US safe for Global Marxism)
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To: tobyhill
Maryann Sumi or Dolores Umbridge? You decide:


27 posted on 03/31/2011 9:02:10 AM PDT by brewcrew (Life is tough. It's tougher if you're stupid. --John Wayne)
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To: Minn
It seems it is time for Republicans to simply repeat the exercise and give the mob it's precious 24 hour notice. It won't matter if the rats run. Put this idiot clown judge out of her misery

That would be futile. She is a union hack posing as a judge. Which means the law will not be upheld by the hack. Regardless of what the governor does or does not do.

28 posted on 03/31/2011 9:03:38 AM PDT by Donald Rumsfeld Fan (Sarah Palin....The Thrilla from Wasilla)
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To: tobyhill
-- The Governor could pardon anyone she tries to hold in contempt. --

The pardon power does not extend to judicial contempt. Doing so causes a separation of powers issue. The governor can pardon those who are convicted.

That said, the power of judicial contempt is limited, and no stigma attaches to being held in judicial contempt.

29 posted on 03/31/2011 9:04:35 AM PDT by Cboldt
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To: Donald Rumsfeld Fan
She'll use her own ruling to block it again if the GOP passes it again. All she would claim is that there is an order for no further implementation of the law regardless whether it is passed again.
30 posted on 03/31/2011 9:06:29 AM PDT by tobyhill
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To: tobyhill

she lacks authority to enjoin anyone not a party to the suit and Walker never was a named party. Luckily the Dane County Atty is as stupid as the judge.


31 posted on 03/31/2011 9:08:26 AM PDT by the Real fifi
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To: aces

collecting dues would be seperate from the collective bargaining.

BTW nobody is reporting that FL has done all of this. No more dues collection, no more teacher tenure in the future.

not a peep out of the MSM.


32 posted on 03/31/2011 9:08:42 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Sir Gawain

Certainly belongs in Breaking News. Can’t imagine what the thinking would be otherwise.

From what I’ve heard of this judge, third hand knowledge from the internet, I don’t understand how she would have the authority to do the things she’s done.

If a judge starts making rulings way above her pay grade, surely there’s a mechanism in place to stop her without it having to go all the way up the ladder first?


33 posted on 03/31/2011 9:09:50 AM PDT by COgamer
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To: tobyhill
-- Her ruling wasn't even about the validity of the law, it was about the procedure which it was passed so now that she is invalidating the law it crosses the line between separation of powers. --

She isn't even ruling on the merits of the law, as you note; and it isn't clear that her ruling has the effect of invalidating the law.

She amended the ruling on Thursday to read, "Further, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29 evidentiary hearing, it is hereby declared that 2011 Wisconsin Act 10 has not been published."
Funny thing is, this was in the amended TRO she signed yesterday, but she struck out that part before signing the order. She must have had a change of heart. I wonder what her rationale was to strike this the first go around, and what caused her to change her mind.

Agreed, she is violating separation of powers. The courts are supposed to rule on laws AFTER they are passed; and she is specifically disclaiming any attempt to touch that question.

34 posted on 03/31/2011 9:10:54 AM PDT by Cboldt
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To: the Real fifi

this is also on appeal, why is a court judge issuing injuctions on a case before a court of higher authority?


35 posted on 03/31/2011 9:11:05 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: tobyhill

Judge... I think your cell phone is ringing...


36 posted on 03/31/2011 9:11:41 AM PDT by Mashood
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To: COgamer; Admin Moderator

It was in Breaking until the mod decided it’s not that important even though it came out only an hour ago and has to do with the crucial fight in WI.

You messed up, mod.


37 posted on 03/31/2011 9:13:40 AM PDT by Sir Gawain
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To: tobyhill

Didn’t Algore once state there was no controlling legal authority?


38 posted on 03/31/2011 9:15:01 AM PDT by jakota (®)
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To: tobyhill

Walker should say “It’s been said before. She’s made her ruling. Now let her enforce it.”


39 posted on 03/31/2011 9:15:08 AM PDT by Terry Mross (Those Who Worship Him will all bow down and say "Yes, we can!")
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To: brewcrew

LOL!!
Best post of the day my FRiend :-)


40 posted on 03/31/2011 9:18:09 AM PDT by Bobalu ( "Israel must be like a mad dog, too dangerous to bother." ..Moshe Dayan:)
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