BREAKING: Dane County judge strikes down Wisconsin collective bargaining law

Milwaukee Journal Sentinel ^ | 05/26/2011 | Jason Stein and Patrick Marley of the Journal Sentinel

[SeekAndFind]

Madison - A Dane County judge has struck down Gov. Scott Walker's legislation repealing most collective bargaining for public employees.

In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state's open meetings law in passing it March 9.

The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.

"It's what we were looking for," said Dane County District Attorney Ismael Ozanne, a Democrat.

Ozanne sued to block the law after Assembly Minority Leader Peter Barca (D-Kenosha) filed a complaint saying that GOP legislative leaders had not given proper notice in convening a conference committee of lawmakers from both houses to approve Walker's budget-repair bill.

A spokesman for state Attorney General J.B. Van Hollen and the state Department of Justice could not be reached immediately for comment on the decision. A spokesman for Walker also could not be immediately reached.

In the decision, Sumi appeared to be bracing for an outcry from Republicans and supporters of the law, noting that judges are supposed to apply the law even if their decisions will be "controversial or unpopular." Sumi writes that Ozanne showed by "clear and convincing evidence" that the open meetings law had been violated.

"This decision explains why it is necessary to void the legislative actions flowing from those violations," wrote Sumi, who was appointed to the bench by former GOP Gov. Tommy Thompson.

But the issue is far from settled. The state Supreme Court has scheduled arguments for June 6 on whether to take over the case.

"It's not over yet. I'm positive of that," Ozanne said. "The supremes are the supremes. They can do what they want."

GOP lawmakers also have said they would consider passing the law a second time as part of the 2011-'13 state budget if it was necessary to ensure that it takes effect.

[Agamemnon]

and this thing is STILL not the law of the land.

You mean "law of the state" there, Eeyore.

[Longbow1969]

You mean "law of the state" there, Eeyore.

Yes, yes, you got me, law of the state.

[onevoter]

It is my understanding that Walker wants this to go to the Supremes so that they can slap Sumi down and make it clear that a Judge does not over-rule legislation. That is the only way he can prevent constant tampering by the libs in passing legislation. Until it is spelled out that a liberal judge has no power to overrule the legislative branch, he will face this road block at every turn.