Updated: Wisconsin Supreme Court Reverses Lower Court; Allows Anti-Union Law To Take Effect
Of course, this is why the race between Prosser and Kloppenburg was so critical to both sides. The Wisconsin Supreme Court leans toward the ultra-conservative side of the spectrum with Prosser on it. And so it goes.
Via the Milwaukee Journal-Sentinel:
Madison - Acting with unusual speed, the state Supreme Court on Tuesday reinstated Gov. Scott Walker's plan to all but end collective bargaining for tens of thousands of public workers.
The court found a committee of lawmakers was not subject to the state's open meetings law, and so did not violate that law when they hastily approved the measure and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had struck down the legislation, ending one challenge to the law even as new challenges are likely to emerge.
The majority opinion was by Justices Michael Gableman, David Prosser, Patience Roggensack and Annette Ziegler. The other three justices -Chief Justice Shirley Abrahamson and Justices Ann Walsh Bradley and N. Patrick Crooks - concurred in part and dissented in part.
Update: Via WisPolitics Budget, the link to the justices' decision.
Some examples from the decision -- no partisan language here, oh no:
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.
...the legislature did not employ a process that violated Article IV, Section 10 of the Wisconsin Constitution, which provides in relevant part: “The doors of each house shall be kept open except when the public welfare shall require secrecy.” The doors of the senate and assembly were kept open to the press and members of the public during the enactment of the Act. The doors of the senate parlor, where the joint committee on conference met, were open to the press and members of the public. WisconsinEye broadcast the proceedings live. Access was not denied.
But of course, the substituted bill was done behind closed doors. Which they address here:
It is undisputed that the legislature posted notices of the March 9, 2011 meeting of the joint committee on conference on three bulletin boards, approximately 1 hour and 50 minutes before the start of the meeting. In the posting of notice that was done, the legislature relied on its interpretation of its own rules of proceeding. The court declines to review the validity of the procedure used to give notice of the joint committee on conference.
Update 2: Here's some quotes from Justice Shirley Abrahamson's dissent:
On the timing:
Today the majority announces for the first time that it is accepting the case. And today the majority decides the case.[3]
I write to emphasize that in a case turning on separation of powers and whether the legislature must abide by the Open Meetings Law and the Wisconsin Constitution in adopting the Budget Repair Bill, it is imperative that this court carefully abide by its authority under the Constitution and follow its own rules and procedures.
At its most basic level this case is about the need for government officials to follow the Wisconsin Constitution and the laws.
The District Attorney's challenge to the Budget Repair Bill asserts that the Open Meetings Law is a codification of the mandates expressly provided for in the Wisconsin Constitution. The District Attorney relies on Article IV, Section 10, "[t]he doors of each house shall be kept open," and also on Article I, Section 4: "The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged."
The legislature declared in the Open Meetings Law that the legislature would comply with the Law to the fullest extent "in conformance with article IV, section 10" of the Wisconsin Constitution.[4] Statutes are interpreted to give effect to every word. A court assumes that the legislature says what it means, and means what it says. The words in a statute are not to be treated as rhetorical flair.
Justice Crooks' dissent was even more pointed:
It is rather astonishing that the court would choose to decide to take and decide such an unusual and complex case without benefit of the complete record.
Indeed.





Well this might put the power into the recall. It is a sad day but they had a chance to get a different justice and the people either didn't show up or they are getting what they want (good and hard).
"I know that there are people who do not love their fellow
man, and I hate people like that! " ~ Tom Lehrer (1928 - )
they found 14,000 uncounted votes in one city. I think there might be some election fraud going on in Wisconsin and the other states where the republicans ended up with control.
Those 14,000 votes were likely legit. They were counted on the evening of the election and included in the totals, but were omitted from the report later. The clerk in Waukesha county is without a doubt a crooked partisan dealer, just not so much in this instance.
I'm from Madison and, believe me, I'd like nothing better than to void out that election. But the facts are this: We turned an absolute, 100% guaranteed win for Prosser into one hellofa race. We turned out the people, we just couldn't reach enough by the time the election came around.
Personally, I feel very proud that we were able to do so much in such a short time. And I'm disappointed we still lost.
Only about five days scattered throughout, though that included two days during the Brookfield portion of the recount. The turnouts were in line with the rest of the county; the roughly 70-30 split in favor of Prosser was in line with other conservative towns. We even had people with clickers double checking as ballots were fed into machines (where the machine did final tallies, rather than hand recount). There were very few touch screens (no physical ballot) used - mostly for disabled or if there were physical ballot shortages. Again, typical splits & voter turnouts. Screwed up Waukesha County Clerk aside, sadly, Prosser did eke out a tiny win IMO.
This is going to be a hell of a tough road in Wisconsin. Even if we win back the State Senate this July, any new sanity-restoring bill has to come out of the lower chamber, which will remain strongly Republican for another year and a half.
Even if we recall and oust Scott "Howdy-Doody" Walker next January, you still have the lower house likely to drag their feet (or, more likely, steadfastly refuse) to turn over any of the Walker initiatives. Maybe near election time late 2012, but I wouldn't want to hang my hat on Repubs NOT acting suicidal. They may double down on the crazy (I should know, my US Congressman is Paul Ryan).
Isn't it strange, in these times, that we progressives are always willing to tell the truth even when it doesn't fit our private desires or beliefs? Can one say the same about the corporatists and warmongers on the other side?
Gov. Scott Walker and his minions are victorious, for now. Wait for the fallout from this...
The six Wisconsin GOP state senators who are facing recall elections in July must be quaking in their boots right now.
I doubt it , they were on a mission and accomplished their mission , this is huge , you can bet that they'll be well compensated by the Koch brothers and others .
Insanity , it is what it is , there is no understanding it .
Well this might put the power into the recall.
I sure hope so.
"Government by organized money is just as dangerous as Government by organized mob"
-= Franklin Delano Roosevelt =-
they had a chance to get a different justice
It wouldn't have helped in this case anyway. Prosser's term doesn't end until July 31.
You know it's getting bad when banks judges and politicians start working together like this to impose austerity.
Greece is worse from what I hear though.
audit-prosecute-incarcerate
If this issue of governors and the justice system working together doesn't wake people up I don't know what ever will. Clarence Thomas is working for his wife with healthcare issues. Issues that will be coming up before the courts. He and Alito will not recuse themselves. Yet you just had the Latin justice lawyer recuse herself. What is going on isn't fair. If democrats were doing this you bet you would hear such an outcry from conservatives and rightfully so. We have facist government now. Ya'll better get use to it.
Southern Yankee
I'd say more kleptocracy than facist state. They have no interest in controlling people in any direct sense outside of the odd moral issue, mainly they just want to enrich themselves with no regard for the wellfare of others. At least facists are working towards a sense of common good and public wellbeing, even if it is ill founded. Kleptocrats just want to take whatever they can by whatever means necessary.
Yes, the bathroom doors were open... People were free to go and do the people's business..
Hey, it's not our job to comment or judge on legislative interpretation.
Unless we're talking about original intent.
Also.
Everybody knows that the dice are loaded
Everybody rolls with their fingers crossed
Everybody knows that the war is over
Everybody knows the good guys lost
Everybody knows the fight was fixed
The poor stay poor, the rich get rich
That's how it goes
Everybody knows
~ Leonard Cohen
...the headline would read,
SUPREME COURT RULES LAWMAKERS CAN MEET IN SECRET.
audit-prosecute-incarcerate
to recap:
1: Our side's campaign might be in jeopardy unless we rule in our own favor.
2: This legal opinion shall not be considered as a precedent if we ever get tossed out
3: we won. get over it.
yup...
something awfully deja vu here.
it could not get more ugly......
Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness.
Martin Luther King, Jr.
I think Wisconsin should consider placing some of their laws into their Constitution, rather than mere law. Legislators are free to tie their own hands, but they're not really obliged to recognize the tying of hands done by previous legislators.
the right to "collectively bargain" is already enumerated in the constitution as far as I'm concerned in the very 1st freakin amendment under freedom of peaceable assembly and the right to petition govt for redress of grievance!!!...
but I'm just a dude so what do I know?
I think the problem is actually to get judges and politicians to follow their constitutional oaths.
(why make stupid new laws when there are laws that are already adequate?)
audit-prosecute-incarcerate
>>Legislators are free to tie their own hands, but they're not really obliged to recognize the tying of hands done by previous legislators.
Every law does that, in effect.
But I'm curious as to why you think that a sitting legislature is not bound to follow laws passed by prior legislatures, signed by the executive and, as here, interpreted by the courts
Saying something doesn't make it so.
She was as firm as Prosser was about the underpinnings of the case. They must really have interesting times in that court...
I'm guessing it goes something like this:
-Case comes before court
-Abrahmson and a few others begin deliberating
-Prosser calls Walker, asks what he wants
-Prosser tells conservative majority how things will be going down over drinks
-Prosser, Koch lobbyists, Walker, RNC contingent, Tea Bagger representative get on conference call to draft court findings
-Prosser has his staffers copy edit the draft, passes around to other hack judges for spellcheck
-Court issues ruling
-Abrahmson objects
-Prosser and shills sigh and look at watches as Abrahmson talks
-Prosser and shills get fancy Christmas presents from anonymous sources
Bingo
"Banking institutions are more dangerous to our liberties than standing armies." Thomas Jefferson
"The court declines to review the validity of the procedure used to give notice of the joint committee on conference."
In other words, we four judges, elected to interpret the law, decline to interpret the law.
Also, perfectly legal under Wisconsin's open meetings law to announce a meeting at 3 in the morning one minute before it actually starts as long as the doors are open, right?
Wisconsin Scott Walker's war on craft beer. Another gem tucked into the budget bill bars craft breweries from selling directly to restaurants, liquor stores, or on-site, forcing them to use a distributor. As one commenter said, Will Scott Walker eventually run out of people in WI to piss off?
http://thinkprogress.org/economy/2011/06/10/2...
If it's possible, those that can leave Wisconsin should. Let the free marketers have their dream. Take your money and resources and get the fuck out.
Last one out, please turn off the lights.
Vote GOP and move forward to the 18th Century.
Welcome to the fascist states of America .
Insanity , it is what it is , there is no understanding it .
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