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  #1  
Old 03-28-2011, 02:40 PM
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Riot Riot is offline
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Default Judge will hear case tomorrow

The Judge was approached over the weekend with request for an emergency hearing on violation of her injunction not to publish - she saws the law is NOT in effect due to her injunction no matter what they do (sorry Senate Leader Fitzpatrick), and she'll address everything tomorrow in court.
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  #2  
Old 03-29-2011, 11:19 PM
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Default Wisconsin law BLOCKED until heard by judge

Judge blocked any further implementation of the Wisconsin union-busting law until she can hear the case on it's legality, and had some distinctly pointed words for Senate leader R-Fitzgerald regarding his trying to go around her temporary restraining order and say the law is published and implemented.

Gov. Walkers office was saying the same thing, and yesterday they already changed paychecks of state employees to not withhold union dues - WRONG MOVE guys. You are not above the law, even though you are acting like it.

This certainly will end up in the Wisconsin supreme court - thus very important election April 5th for supreme court judge.
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Old 03-30-2011, 07:43 AM
Danzig Danzig is offline
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riot, i may be remembering incorrectly, but didn't you scoff at lawsuits filed against the health care law?
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Old 03-30-2011, 04:38 PM
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wiphan wiphan is offline
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Riot forgets that judge Sumi didn't have jurisdiction to place a restraining order on the bill in the first place until it became law and she placed the restraining order against the wrong legislative branch. Just a few of her errors. What should happen legally whether you agree or disagree is the law is published and becomes law then you can challenge it in court. The courts do not have jurisdiction until it becomes law. Just my non-law degree opinion though.
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Old 03-30-2011, 05:37 PM
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Riot forgets that judge Sumi didn't have jurisdiction to place a restraining order on the bill in the first place until it became law and she placed the restraining order against the wrong legislative branch..
Wow - it's like you speak and Fitzgeralds words come out of your mouth

Nonsense. That contention is what is being put forth by the current AG. Not too many other lawyers agree with it, including past Wisconsin AG's. They are also begging the argument that the Legislative branch of the government is above the law and cannot have the Judicial branch review it's actions. Right .... Along with the attack on Sumi as a leftist.

This will go to the Supreme Court. Let's hope voter turnout April 5th is huge, thus representative of the voter's desires.

There are multiple lawsuits against this bill: the one Sumi addressed was only reference to the violation of the open meetings act. She also agreed that the Dem Secretary of State needed his own lawyers independent of the AG and state to protect his interests - because it's clear the state is not. Today in court that tape was played of the Republicans violating it at that very meeting - the GOP wanted the tape played without audio. Seriously, pathetic.

And the AG wanted the appeal dropped, saying, "the law is already in effect, thus the appeal is moot" - that was, of course, denied, too (and why Fitzgerald went around the SOS to try and make the publication on the website "legal" - although it is clearly not according to statute requirements)

I wonder if the AG guy really has a law degree? It seems he's desperate on defense, and nothing he has said has held up in court so far.

The several other lawsuits about the constitutionality of the bill are asking to all be folded into this lawsuit.

Quote:
Madison - Gov. Scott Walker's administration wasn't saying Wednesday whether it will continue to implement legislation sharply curbing union bargaining by public employees.
Because the judge has forcefully said she will start holding people in contempt if the law goes forward in violation of her temporary restraining order. So we'll see if Walker holds money out of paychecks, as he said he will. He might like an overnight in jail.
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Last edited by Riot : 03-30-2011 at 05:52 PM.
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Old 03-30-2011, 05:41 PM
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Originally Posted by Riot View Post
Wow - it's like you speak and Fitzgeralds words come out of your mouth

That contention is what is being put forth by the current AG. Not too many other lawyers agree with it. This will go to the Supreme Court.
Actually in listening to a law professor from Marquette discuss this and from WI Supreme Court Case Zimmerman vs Goodland is where I am getting my information from. Where is your info from?
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Old 03-30-2011, 05:53 PM
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Actually in listening to a law professor from Marquette discuss this and from WI Supreme Court Case Zimmerman vs Goodland is where I am getting my information from. Where is your info from?
The Wisconsin newspapers, and lawyers writing on blogs about it.
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Old 04-02-2011, 08:53 AM
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Originally Posted by wiphan View Post
Actually in listening to a law professor from Marquette discuss this and from WI Supreme Court Case Zimmerman vs Goodland is where I am getting my information from. Where is your info from?
Wiphan - not to worry with stories like this business will soon be flocking to your state

http://online.wsj.com/article/SB1000...googlenews_wsj
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Old 03-30-2011, 05:53 PM
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Quote:
Originally Posted by wiphan View Post
Riot forgets that judge Sumi didn't have jurisdiction to place a restraining order on the bill in the first place until it became law and she placed the restraining order against the wrong legislative branch. Just a few of her errors. What should happen legally whether you agree or disagree is the law is published and becomes law then you can challenge it in court. The courts do not have jurisdiction until it becomes law. Just my non-law degree opinion though.
Judge Sumi isn't addressing the constitutionality of any law. Judge Sumi is addressing whether or not there was a violation of the open meetings act.
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Old 03-30-2011, 05:35 PM
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riot, i may be remembering incorrectly, but didn't you scoff at lawsuits filed against the health care law?
The ones that say it's unconstitutional? I didn't scoff at the filing of lawsuits, I said I didn't think they'd be found valid. Haven't been so far.

In Wisconsin, Fitzgerald and Walker are completely dismissing any influence of the court, including Fitzgerald purposely ignoring the judges temporary restraining order, taking the position they are above the law. We'll see. Not the same situation in the least.
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  #11  
Old 03-30-2011, 05:21 PM
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Quote:
Originally Posted by Riot View Post
Judge blocked any further implementation of the Wisconsin union-busting law until she can hear the case on it's legality, and had some distinctly pointed words for Senate leader R-Fitzgerald regarding his trying to go around her temporary restraining order and say the law is published and implemented.

Gov. Walkers office was saying the same thing, and yesterday they already changed paychecks of state employees to not withhold union dues - WRONG MOVE guys. You are not above the law, even though you are acting like it.
This certainly will end up in the Wisconsin supreme court - thus very important election April 5th for supreme court judge.
The Republican Party of Dane County sent out a press release on March 29th criticizing Judge Maryann Sumi for holding up the publication of Governor Scott Walker’s collective bargaining reform bill. Upon further reflection we’d like to apologize for not understanding her point of view.

Sure, Governor Walker’s bill is unquestionably constitutional, increases worker’s rights and helps local government balance budgets without having to fire public workers. The Wisconsin state legislature consulted with their non-partisan parliamentarian to make sure that the passage of the bill followed the rules of the Senate and Assembly. But this isn’t about the law, is it?

The Republican Party of Dane County recognizes that Judge Sumi is a leftist living in Dane County. Her friends are leftists living in Dane County. Her son is a left wing activist in Dane County. She goes to cocktail parties held by leftists in Dane County. She shops at organic gourmet food shops run by leftists living in Dane County. If she were to enforce the law of Wisconsin and do what was in the best interest of the people of Wisconsin, she’d be exiled from her lifestyle. She’d lose her friends!

The leadership of the Republican Party of Dane County have all made the choice to stand against the Dane County elite. We accept that Left feels righteous vandalizing our homes and keying our cars. It's only fair. We disagree based upon logic and principle. That is intolerable! We prioritize the Constitution and the well being of the people of Wisconsin over foie gras at cocktail parties. That’s the choice we made. We respect Judge Sumi’s decision to live her life with the rich diversity that liberals cherish
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