With Wisconsin's Supreme Court giving the go-ahead for the gutting of collective bargaining, there were plenty of unbelievable things popping out of the mouths of those in Madison on Tuesday.
"We conclude," reads the majority decision of the State Supreme Court's ruling on the collective bargaining bill, "that the Legislature did not violate the Wisconsin Constitution by the process it used."
Rep. Peter Barca (D-Kenosha) said, "The majority of the Supreme Court is essentially saying that the Legislature is above the law." And Barca's right. Lower courts (including that which is presided over by Dane County Circuit Judge Maryann Sumi) were presented with evidence and had already said, "Yeah, you broke the open meetings law." And for those that purport Sumi was merely advancing her own agenda, why would she have said the same bill could be passed immediately--with no questions--if the Republicans just posted the meeting properly and took another vote? Or why would she have dismissed other cases against the bill's passage?
Rep. Jeff Fitzgerald (Senate Majority Leader Scott Fitzgerald's kid brother) said, "We didn't violate any rules. We upheld the Constitution all the way through..."
Maybe the Supreme Court agrees with you, Representative, but certainly Republicans violated the spirit of the law. Even the Walker-backing Milwaukee Journal Sentinel said in an earlier editorial that the Republican argument to the Supreme Court was "bizarre"--that even locked doors with but one member of the public as witness constituted an open meeting. As was the meeting decried by the Walker-backing Wisconsin State Journal.
Alberta Darling weighed in with her latest version of "Here's why I should be recalled," by laying the mess in Madison on Sumi and not the Republicans: "(Sumi) stepped all over the people of Wisconsin. You think of all the chaos and discord that's gone on in this Capitol as the result of her decision...To me, it was despicable."
Um, excuse me, Senator? The chaos was called by Sumi's action? Not by Republicans stripping collective bargaining? Not by Republicans cutting funding to schools and social programs? Not by Republicans courting business in Wisconsin at the expense of its people?
Perhaps the most remarkable came in the written declaration of Wisconsin Supreme Court Chief Justice Shirley Abrahamson, pointedly directed at her majority-voting colleagues: (from JS Online):
... the majority has "reached a predetermined conclusion not based on the facts and the law, which undermines the majority's ultimate decision." The majority justices "make their own findings of fact, mischaracterize the parties' arguments, misinterpret statutes, minimize (if not eliminate) Wisconsin constitutional guarantees, and misstate case law, appearing to silently overrule case law dating back to at least 1891."
In other words, she's accusing her colleagues of neglecting the proper execution of their duties--very strong words from the State's Chief Justice. I'm guessing she wouldn't have uttered those words unless she had sound basis to do so. For even more of Abrahamson's criticism, visit the Wisconsin State Journal article here.
Unbelievable. And we're only six months into Walker's regime. Hopefully, it's halfway over.
Researched observations about today's politics (formerly MisLeading Wisconsin)
Showing posts with label sumi. Show all posts
Showing posts with label sumi. Show all posts
Wednesday, June 15, 2011
Monday, June 6, 2011
WI Supreme Court: If I were a betting man...
Well, the WI Supreme Court started hearing arguments as to whether or not it should take on the collective bargaining atrocity of Walker and his pals. And, if they do, hmmmm, which way would they rule?
Not surprisingly,the four conservatives on the bench banded together during the hearing (to be fair, as did the other three justices). But, surprisingly to me, it doesn't appear they were challenging how the bill was advanced in an illegal meeting, but rather they were challenging Dane County Circuit Judge Maryann Sumi's order blocking implementation of the bill as law. Conservative Justice Michael Gableman asked, during what the Journal Sentinel called "aggressive" questioning, if a judge can stop a law from being published, could a judge stop a senator from even introducing a bill?
That just sounds ridiculous, doesn't it? Wasn't this about the legality of the bill's creation and passage in a violation of the open meetings law? If the meeting wasn't legal, would anything else matter?
Walker's Deputy Attorney General Kevin St. John actually did address the issue of the open meetings law by basically saying the open meetings law doesn't apply to the Legislature, which was echoed by conservative Justice Patience Roggensack's comments. St. John went on to mention that the Legislature has the right to lock doors, and that even letting in one member of the public would satisfy open meetings requirements.
Either way this falls, it's a scary thing--the Court agreeing with this, or the Legislators in power actually believing what they say about open meetings. Attorney Lester Pines, who is representing State Senate Minority Leader Mark Miller (D-Madison) says, “I don’t hold the view that the court makes its decisions solely based on ideology.”
I wouldn't bet on it.
And, at this juncture, I'm not sure it would even matter.
Not surprisingly,the four conservatives on the bench banded together during the hearing (to be fair, as did the other three justices). But, surprisingly to me, it doesn't appear they were challenging how the bill was advanced in an illegal meeting, but rather they were challenging Dane County Circuit Judge Maryann Sumi's order blocking implementation of the bill as law. Conservative Justice Michael Gableman asked, during what the Journal Sentinel called "aggressive" questioning, if a judge can stop a law from being published, could a judge stop a senator from even introducing a bill?
That just sounds ridiculous, doesn't it? Wasn't this about the legality of the bill's creation and passage in a violation of the open meetings law? If the meeting wasn't legal, would anything else matter?
Walker's Deputy Attorney General Kevin St. John actually did address the issue of the open meetings law by basically saying the open meetings law doesn't apply to the Legislature, which was echoed by conservative Justice Patience Roggensack's comments. St. John went on to mention that the Legislature has the right to lock doors, and that even letting in one member of the public would satisfy open meetings requirements.
Either way this falls, it's a scary thing--the Court agreeing with this, or the Legislators in power actually believing what they say about open meetings. Attorney Lester Pines, who is representing State Senate Minority Leader Mark Miller (D-Madison) says, “I don’t hold the view that the court makes its decisions solely based on ideology.”
I wouldn't bet on it.
And, at this juncture, I'm not sure it would even matter.
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