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Wisconsin Union Busting Bill Struck Down in a Blaze of Glory
We Are Wisconsin
In the first step of what is sure to be a protracted legal battle, Dane County Circuit Judge Maryann Sumi struck down Scott Walker’s bill to take away collective bargaining rights from Wisconsin public employees.
Judge Sumi ruled that she would freeze the legislation because the GOP violated the Open Meetings Law when passed it on March 9. According to the Milwaukee Journal Sentinel, “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.”
Wisconsin Republicans were struck down in a blaze of judicial glory as Judge Sumi of Dane County Court found that the Wisconsin Republicans violated the Open Meetings Laws on three separate counts and that the resulting governmental actions (the bill to kill collective bargaining) is therefore void. The Wisconsin Act 10 is void, and has “no force”. Sumi voided the collective bargaining bill with one decisive bang of the gavel.
The Republicans were warned that they were violating Open Meetings Laws during their hastily called session, but they proceeded against those warnings to their own detriment. They were offered the opportunity to pass it the right way, but refused to do so, claiming that to redo it would appear that they were guilty. The judge told them that a redo would not implicate them in any guilt, and at any rate, the Republicans have all claimed legislative immunity. In truth, politically, it didn’t seem that they could muster the votes to re-pass the bill the proper way with the massive protests and recalls hounding them at every corner.
The judge wasn’t ruling on whether the union busting bill was legal or constitutional, but rather whether it was passed legally or not. The question was did Wisconsin legislators violate Open Meetings Law on March 9, 2011 and if so, was the action resulting from that violation is null. Yes, and yes.
Sumi found that the Open Meetings laws presume that all governmental meetings must be open to the public and preceded by notice, there is no general exemption from the Open Meetings Laws for legislative proceedings, and the legislature is subject to the same Open Meetings Law enforcement as other governmental bodies.
This is what happens when legislators violate the laws of transparency and attempt to prohibit citizen involvement in the democratic process. The Open Meetings Laws are a sacred commodity in the accountability department and they are not very tough to follow if you’re not doing things in back rooms and locking the public out from the process. Conservatives have been attempting to minimize the importance of Open Meeting Laws in order to claim that the state didn’t have a real claim. We have to ask anyone who denies the necessity to follow the law why they are arguing against the process of democracy and the very foundation of our government.
The purpose of having county judges rule on issues like this is central to the notion of the 3 branches of government. The judicial branch is tasked with being a check and balance to abuse and violation of the law by our lawmakers. The judicial branch doesn’t make laws, they rule on whether laws are passed properly.
The state proved that the March 9, 2011 meeting of the Joint Committee of Conference was conducted in violation of the Open Meetings Laws. Your union killing bill is dead, boys.
How do you like us now, Wisconsin Republicans?
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25 Responses to Wisconsin Union Busting Bill Struck Down in a Blaze of Glory
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Anne
May. 26th, 2011 at 12:09 pm
This is even more good news, on top of the election results of NY-26. I sincerely hope that there’s more for Scott Walker where this came from, and that the same kind of action will befall those governors in other states who are wreaking so much havoc.
Recall Corporate Bastards
May. 26th, 2011 at 12:49 pm
In recent news, the recall of Scott Walker (insert replacement candidate Russ Feingold) had Walker at 42% and Feingold leading with 52%.
Sally
May. 26th, 2011 at 1:00 pm
Let us hope the tide is turning away from these GOP zealots who thought they could take over their states with no repercussions. Some of the people may have gotten complacent last November and allowed these morons a foot in the door, but we are now wide awake and about to slam that door in their astonished faces.
Moongal6
May. 26th, 2011 at 2:11 pm
Well done!
Reynardine
May. 26th, 2011 at 1:04 pm
Well, first of all, this shows you never vote for a candidate, any part of whose full name is either Rick or Scott.
Congratulations to the people of Wisconsin! Let this be only the beginning for them! Meanwhile, for those who are concerned about us disenfranchised Floridians, please go to www.signon.org, where there is a petition to Eric Holder to seek an injunction against Rick Scott’s voter disenfranchisement law. Since that is a federal official, you don’t have to be a Florida resident to sign. Please help out!
Sarah Jones
May. 26th, 2011 at 1:22 pm
Yes, that’s a GREAT link.
goddess
May. 26th, 2011 at 6:21 pm
Signed!
Reynardine
May. 26th, 2011 at 7:55 pm
Thanx, Goddess!
majii
May. 26th, 2011 at 8:44 pm
Thanks, Reynardine. Signed, with immense pleasure!
Reynardine
May. 27th, 2011 at 4:09 pm
Happy to give you occasion for delight!
sherriww
May. 26th, 2011 at 9:36 pm
go wisconsin!! keep going!! the country is behind you.!
Scorpie
May. 26th, 2011 at 1:23 pm
I know that this is a most important matter for the people of Wisconsin but I just can’t resist the temptation. “Here come da Judge, here come da Judge.”
YourMom
May. 26th, 2011 at 3:35 pm
Gee … that’s too bad. Guess they’ll have to try again. Maybe the previously absentee senators could be bothered to fight the next attempt at the Capitol instead of hiding in another state.
Shiva (Moderator)
May. 26th, 2011 at 4:04 pm
obviously you are greatly confused. Had the senator stayed there, there would have been no fight. It just would’ve been put into law.
The Senators left to avoid the state of Wisconsin from being snowballed. In order to get the bill passed the Wisconsin GOP had the lie about all of a sudden not being a financial issue.
The absentee senators did exactly the right thing and they did it legally. That is something that the Wisconsin GOP is totally unable to do
YourMom
May. 26th, 2011 at 4:55 pm
Smell the sarcasm.
Basheert
May. 26th, 2011 at 3:40 pm
Sarah – what are the chances that the FitzWalkerStans will try to repass this before the recall elections? Nothing apparently seems to stop them.
Shiva (Moderator)
May. 26th, 2011 at 4:06 pm
given that they are under the threat of recall. I’m not so sure how many of them would vote to pass this again. But they could be just that stupid. I’m not sure how the GOP of this day could’ve been willing to give up so much of the states resources to the Koch brothers. It just boggles my mind
Reynardine
May. 27th, 2011 at 4:07 pm
Well, and such legislators just might be suicide bombers, on orders from CNP and ALEC to blow up their targets at whatever cost to themselves as the lights go out. Their widows will get a nice pension, or even the wrecks they make of themselves if their plans go off half- Koched.
english saddle
May. 26th, 2011 at 6:08 pm
Its a great week for Democrats! !
Lisabeth
May. 26th, 2011 at 6:49 pm
Great!!!! This is the best news I’ve heard all week!!
Cleo17
May. 26th, 2011 at 8:20 pm
There is a God.
majii
May. 26th, 2011 at 8:40 pm
The republicans keep passing laws that keep getting struck down. We try to tell their supporters, but they keep ignoring us, thinking that because they passed the law, it is legal. The same thing happened with SB 1070 in AZ. The parts that violated the U.S. Constitution were struck down. The tsa law in TX was stopped in the TX senate yesterday on the last day of the session for the same reason. I taught civics for over 30 years, and the one thing I drilled into my students’ minds was the Supremacy Clause of the U.S. Constitution. Judge Sumi struck down the WI collective bargaining law because the republicans broke the Open Meetings Law. I’m tired of the party that claims to revere the Constitution and a citizen’s freedoms breaking the law and trampling citizens’ freedoms underfoot. When will they ever learn that in general, liberals/progressives have a better grasp of the Constitution and laws than their rank and file members? When will their supporters begin researching anything for themselves? It’s very depressing for me to witness how these republican politicians continue to mislead and make fools of their supporters. It should be illegal for them to do this. I may not agree with conservatives on many issues, but that doesn’t mean that I like seeing them being taken advantage of by people who use them for their own personal and political gain.
Kevin
May. 27th, 2011 at 2:21 am
Republican senators asserted that they had enacted the collective bargaining law under emergency conditions, obviating the need to comply with the open meetings law. But Judge Sumi said she found no official evidence of emergency conditions or notice.
“This case is the example of values protected by the open meetings law: transparency in government, the right of citizens to participate in their government and respect for the rule of law,” Judge Sumi wrote in her conclusion.
She said the evidence demonstrated a failure to obey even the two-hour notice allowed for good cause if a 24-hour notice was impossible or impractical.
A Republican spokesman said party leaders were studying Judge Sumi’s ruling and were not yet ready to issue a statement. Cullen Werwie, a spokesman for Mr. Walker, declined comment, saying the Senate vote did not directly involve the governor.
Judge Sumi rejected the Republicans’ claims that the open meetings law did not allow bills passed by the State Legislature to be struck down, asserting that only laws by lesser bodies can be overturned under that law. She also rejected the idea that the law was so important that it should stand despite the open meetings violation.
Quoting a Wisconsin Supreme Court decision from last year, Judge Sumi wrote, “The right of the people to monitor the people’s business is one of the core principles of democracy.”
christianecon.com
May. 27th, 2011 at 8:11 pm
Nice little victory for all the great people doing the country’s work, especially the teachers–they produce an incredible amount of value that benefits everyone.