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Judge Sumi dismisses Dane County's collective bargaining lawsuit
Wisconsin State Journal ^ | April 15, 2011

Posted on 04/15/2011 6:55:33 AM PDT by gusopol3

In her ruling, Sumi distinguished between the county’s lawsuit and another lawsuit brought by Dane County District Attorney Ismael Ozanne alleging legislators’ passage of the measure violated the state’s open meetings law. That lawsuit is also pending before Sumi.

“The answers are straightforward: the district attorney has explicit statutory authority to enforce the open meetings law; Dane County does not,” Sumi wrote.

She added that state statutes grant circuit courts authority to void actions taken in violation of the open meetings law and to issue injunctions but does not give the court the authority to declare state laws unconstitutional.

(Excerpt) Read more at host.madison.com ...


TOPICS: News/Current Events
KEYWORDS: sumi; walker; wisconsin; wisconsinshowdown
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I suppose dismissing an obviously frivolous law suit gives her the opportunity to look "even-handed."
1 posted on 04/15/2011 6:55:36 AM PDT by gusopol3
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To: gusopol3
Sumi left one small shred of the case standing, if only temporarily. She held off ruling on whether Falk and McDonell can sue the state in their personal capacities and as taxpayers until a hearing is held to determine whether she will consider a second amended complaint in the lawsuit that adds those claims. That document was filed earlier this week.

If they can sue in this capacity, can they also be individually sued for official acts?

2 posted on 04/15/2011 6:57:45 AM PDT by gusopol3
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To: gusopol3
She looked back over the cold winter just passed and imagined herself in the same office next winter with no heat, and the toilets no longer hooked up to running water.

That's the sort of thing that can happen when you mess with the legislature!

3 posted on 04/15/2011 7:06:36 AM PDT by muawiyah
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To: gusopol3
So let's just put this whole law on hold until we can work through the growing mountain of frivolous lawsuits and make a determination as to who can sue and in what capacity... For crying out loud. WE DON'T HAVE TIME FOR THIS GRANDSTANDING AND ACTIVISM!!!
4 posted on 04/15/2011 7:07:03 AM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: muawiyah

I’m sure Eric Holder will have a nice, comfortable place for her somewhere—it’s unlikely it will have bars on the windows, unfortunately.


5 posted on 04/15/2011 7:09:02 AM PDT by gusopol3
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To: gusopol3

The WI legislature should just re-pass the law. Sheesh.


6 posted on 04/15/2011 7:12:15 AM PDT by piytar (Godwin's rule is null and void. If you don't know what I mean, you aren't paying attention...)
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To: gusopol3

Eric himself may well be looking back over the recently passed winter imagining what it will be like under the 2012 fiscal year budget where DOJ has NO HEAT and NO WATER, and the 9th Circuit is being moved to Nome Alaska!


7 posted on 04/15/2011 7:19:03 AM PDT by muawiyah
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To: piytar
The law was passed properly. Since it involved collective bargaining it had an exception in the open meetings law anyway ~ read the first paragraph.

On the other hand they didn't really need to do that since the legislature had earlier announced that it was in session (in open meeting parlance) and business would be conducted.

That's all they had to do. BTW, the Wisconsin Constitution requires the legislative houses to MAKE THEIR OWN RULES ~ so there you have it. Nothing they do there is limited by the open meeting law. That was just Democrat propaganda.

8 posted on 04/15/2011 7:21:56 AM PDT by muawiyah
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To: gusopol3

This will be tied up in Wisconsin courts for months or years if the Wisconsin Supreme Court doesn’t step in and slap these union supported liberal judges down.

Didn’t we just have an election to make sure the Wisconsin Supreme Court stays in conservative hands? When are they going to weigh in on this and slap these lefty activist judges down?


9 posted on 04/15/2011 7:35:35 AM PDT by Longbow1969
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To: muawiyah
That's all they had to do. BTW, the Wisconsin Constitution requires the legislative houses to MAKE THEIR OWN RULES ~ so there you have it. Nothing they do there is limited by the open meeting law. That was just Democrat propaganda.

That's good information and all, but this is just a delaying game for the leftists. They are just trying to tie this up in courts for months or years in order buy time.

The appeals court apparently punted to the Wisconsin Supreme Court, and the Supreme Court doesn't seem ready to slap Sumi down.

The end result so far is that this legislation is not in effect and may not be for quite some time. Maybe the Supreme Court is just waiting for this past Prosser/Kloppenburg election to finally be called in favor or Prosser? If not that, what on earth are they waiting for?

10 posted on 04/15/2011 7:42:25 AM PDT by Longbow1969
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To: Longbow1969
The law is in effect ~ just like the Governor said it was.

The unions know that. Everybody knows that. The judge even figured out that Dane County had no authority in the matters before her.

11 posted on 04/15/2011 8:19:23 AM PDT by muawiyah
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To: Longbow1969

“Didn’t we just have an election to make sure the Wisconsin Supreme Court stays in conservative hands? “

http://www.opednews.com/Quicklink/Waukesha-WI-Follies-97-6-in-General_News-110415-398.html

That ain’t over yet either. If the Democrats really want to open the can of worms of late reporting and anomolously high turnout.


12 posted on 04/15/2011 8:20:00 AM PDT by gusopol3
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To: muawiyah
The law is in effect ~ just like the Governor said it was. The unions know that. Everybody knows that. The judge even figured out that Dane County had no authority in the matters before her.

Please show me where the law is in effect. The last I saw Sumi declared (3 times) it could NOT be put into effect and as best I can tell the collective bargaining and the end to union auto paycheck deductions are absolutely NOT in effect.

Further, the Walker administration has asked the Wisconsin Supreme Court to lift Sumi's injunction and so far it has not done so.

13 posted on 04/15/2011 8:29:55 AM PDT by Longbow1969
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To: gusopol3
That ain’t over yet either. If the Democrats really want to open the can of worms of late reporting and anomolously high turnout.

Pretty sure your linking to a bunch of liberal conspiracy theories. The Wisconsin Bureau of Elections (which is loaded with Democrats) has not found anything wrong with Waukesha's election results.

The left is simply trying to confuse things and create an illusion of corruption in order to cast a doubt on Prosser's victory. They can not accept that they lost, so they are trying to undermine the victor and keep their base motivated.

14 posted on 04/15/2011 8:34:32 AM PDT by Longbow1969
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To: Longbow1969
There are two lawsuits here. One of them is now VACANT. If it was appealed SO WHAT!

The other suit is different. It doesn't seek to nullify the law but to inflict punishment on somebody ~ she didn't do anything there ~ but I suspect the higher level courts might.

15 posted on 04/15/2011 8:41:10 AM PDT by muawiyah
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To: Longbow1969

I do hope you’re right; earlier this AM, I found articles from Forbes on line and , I believe Wisc. St. Journal by googling “Prosser,” but those have dropped on the inventory. Here’s a radio station report, though :http://wtaq.com/news/articles/2011/apr/15/election-officials-investigate-waukesha-co-voting-/


16 posted on 04/15/2011 8:51:44 AM PDT by gusopol3
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17 posted on 04/15/2011 8:59:09 AM PDT by TheOldLady
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To: muawiyah
There are two lawsuits here. One of them is now VACANT. If it was appealed SO WHAT! The other suit is different. It doesn't seek to nullify the law but to inflict punishment on somebody ~ she didn't do anything there ~ but I suspect the higher level courts might.

Look, I don't know what your arguing with me about. The budget repair bill with the collective bargaining changes and the end to union dues paycheck auto deductions is NOT in effect. I repeat, it is NOT in effect.

The Walker administration has been appealing to the Wisconsin Supreme court to vacate Sumi's injunction and take up the matter. So far, the Wisconsin Supreme Court has not done so.

The law is NOT in effect. Period.

Here are articles explaining what the Walker Administration has been trying to do. They are appealing to the Wisconsin Supreme court to stop Sumi from blocking this law.

http://www.jsonline.com/blogs/news/119728874.html

http://www.jsonline.com/blogs/news/119434894.html,/i>

18 posted on 04/15/2011 8:59:42 AM PDT by Longbow1969
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To: Sopater

I think this is Cloward-Piven at work.


19 posted on 04/15/2011 9:01:36 AM PDT by stayathomemom (Beware of kittens modifying your posts.)
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To: gusopol3
I do hope you’re right; earlier this AM, I found articles from Forbes on line and , I believe Wisc. St. Journal by googling “Prosser,” but those have dropped on the inventory. Here’s a radio station report, though :http://wtaq.com/news/articles/2011/apr/15/election-officials-investigate-waukesha-co-voting-/

This is stuff the leftist Daily KOS drummed up. Nickolaus has already explained why these discrepancies exist and it is not some sinister voter fraud scheme. The Democrats know this is nonsense, they are just trying to make this election look sinister and shady in effort to delegitimize Prossner's victory.

20 posted on 04/15/2011 9:07:00 AM PDT by Longbow1969
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