Posted on 06/14/2011 3:25:02 PM PDT by Jean S
Breaking! The bill stands.
This really is incredible!
The legislature is in session tonight considering the budget that will be in place for the next 2 years.
Let Justice ring out!!!
Summer break makes it worse. They’ve set up tents along the square in an effort that they call Walkerville.
Summer break makes it worse. They’ve set up tents along the square in an effort that they call Walkerville.
“And there is no joy in DUmmieville.....LOL!
IMHO, they are celebrating, and we should be celebrating with them!!
http://www.freerepublic.com/focus/f-news/2734761/posts
¶6 IT IS FURTHER ORDERED that all orders and judgments of the Dane County Circuit Court in Case No. 2011CV1244 are vacated and declared to be void ab initio. State ex rel. Nader v. Circuit Court for Dane Cnty., No. 2004AP2559-W, unpublished order (Wis. S. Ct. Sept. 30, 2004) (wherein this court vacated the prior orders of the circuit court in the same case).
¶7 This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature. It is important for all courts to remember that Article IV, Section 1 of the Wisconsin Constitution provides: “The legislative power shall be vested in a senate and assembly.” Article IV, Section 17 of the Wisconsin Constitution provides in relevant part: “(2) . . . No law shall be in force until published. (3) The legislature shall provide by law for the speedy publication of all laws.”
¶8 In Goodland v. Zimmerman, 243 Wis. 459, 10 N.W.2d 180 (1943), the court focused on fundamental separation of powers principles and addressed whether a court has the power to enjoin publication of a bill duly enacted by the legislature. The court first explained that “governmental powers are divided among the three departments of government, the legislative, the executive, and judicial.” Id. at 466-67. The court then explained that the “judicial department has no jurisdiction or right to interfere with the legislative process. That is something committed by the constitution entirely to the legislature itself.” Id. at 467. The court held that “[b]ecause under our system of constitutional government, no one of the co-ordinate departments can interfere with the discharge of the constitutional duties of one of the other departments, no court has jurisdiction to enjoin the legislative process at any point.” Id. at 468. The court noted that “[i]f a court can intervene and prohibit the publication of an act, the court determines what shall be law and not the legislature. If the court does that, it does not in terms legislate but it invades the constitutional power of the legislature to declare what shall become law. This [a court] may not do.” Id.
¶9 Although all orders that preceded the circuit court’s judgment in Case No. 2011CV1244 may be characterized as moot in some respects, the court addresses whether a court can enjoin publication of a bill. The court does so because whether a court can enjoin a bill is a matter of great public importance and also because it appears necessary to confirm that Goodland remains the law that all courts must follow. State v. Cramer, 98 Wis. 2d 416, 420, 296 N.W.2d 921 (1980) (noting that we consider questions that have become moot “where the question is one of great public importance . . . or of public interest,” or “where the problem is likely to recur and is of sufficient importance to warrant a holding which will guide trial courts in similar circumstances”). Accordingly, because the circuit court did not follow the court’s directive in Goodland, it exceeded its jurisdiction, invaded the legislature’s constitutional powers under Article IV, Section 1 and Section 17 of the Wisconsin Constitution, and erred in enjoining the publication and further implementation of the Act.
¶10 Article IV, Section 17 of the Wisconsin Constitution vests the legislature with the constitutional power to “provide by law” for publication. The legislature has set the requirements for publication. However, the Secretary of State has not yet fulfilled his statutory duty to publish a notice of publication of the Act in the official state newspaper, pursuant to Wis. Stat. § 14.38(10)(c). Due to the vacation of the circuit court’s orders, there remain no impediments to the Secretary of State fulfilling his obligations under § 14.38(10)(c).
No bias in that statement! (The bill does not eliminate most of their bargaining rights. But let's not let the truth get in the way.)
Thanks, I have always needed Cliffs Notes. You gave me everything I needed.
Good deal!
It is important for all courts to remember that Article IV, Section 1 of the Wisconsin Constitution provides: “The legislative power shall be vested in a senate and assembly.” Article IV, Section 17 of the Wisconsin Constitution provides in relevant part: “(2) . . . No law shall be in force until published. (3) The legislature shall provide by law for the speedy publication of all laws.”
Major smack-down on Sumi
My favorite part, right thar:
¶6 IT IS FURTHER ORDERED that all orders and judgments of
the Dane County Circuit Court in Case No. 2011CV1244 are vacated and declared to be void ab initio.
Ownage!
The real question is why the lower court Judge Dane still has a seat on the court? She should be tarred and feathered.
Not only was this a good ruling, but they slapped her down hard. They made it clear that the courts cannot interfere whatsoever in the legislatures bill making process, going so far as to question if they even are subject to open meetings laws at all. They limited court decisions strictly to demonstrable violations of the state constitution.
“You have a lib state SC in CA who allow the fags to uphold their immoral version of the law “
I don’t think our Supreme Court in California has weighed in on Prop. 8 yet.
Not to say our court isn’t worse than yours. . . but I believe the next step for Prop 8 defenders is the Court of Appeals, or the 9th Circuit.
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