Wisconsin Governor Scott Walker

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Wisconsin Democrats now say they have more than enough signatures to launch a recall of Republican state Sen. Dan Kapanke, in the battle over Gov. Scott Walker's (R) new law curtailing public employee unions. They are filing the petitions today -- less than halfway through the 60-day window for gathering the signatures.

Recall organizer Pat Scheller said volunteers have gathered more than the 15,588 signatures needed and that they plan to take them to Madison after a noon rally today at La Crosse City Hall.

It is expected to be the first completed of 19 active recall efforts registered between Feb. 24 and March 2 against 16 senators.

http://tpmdc.talkingpointsmemo.com/2...an-kapanke.php

Each recall filed starts the process leading to a recall election, so it's suspected that several petitions will be gathered together so there are not 14-19 different elections this spring. The GOP is supposed to be trying to recall the Dems, too, but there doesn't seem to be as big an active public presence for that. The Dems want to take 3 seats, to shift the legistlature back to Democratic.

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It appears the GOP thinks their legal defense only needs to be, unbelievably, "Judge,we refuse to appear in your court - so take away the restraining order until we have the time to give you some time"

The strange thing is this: the GOP could make this all go away, by simply just re-passing the bill in the legislature and the senate. So why isn't Walker doing that? Just re-vote on the bill.

The only reason could be that he no longer has the votes to pass his union-busting bill The overwhelming public anger and the recalls must have scared off GOP who would not vote the same way again.

Bargaining bill restraining order remains in effect; DA rests case

Judge Maryann Sumi's temporary restraining order against the implementation of the collective bargaining bill will remain in effect indefinitely.

The plaintiff in the case, Dane County District Attorney Ismael Ozanne, rested his side of the case this afternoon, but Sumi said she could not set a date to take more testimony because the GOP legislators named as defendants in the case are still covered under legislative immunity.

Assistant AG Maria Lazar had asked for the restraining order to be vacated, arguing the hearing could not conclude without the participation of defendants Senate Majority Leader Scott Fitzgerald, Senate President Mike Ellis, Assembly Speaker Jeff Fitzgerald and Assembly Majority Leader Scott Suder.

But Sumi said that just as those lawmakers are entitled to their day in court, they are also not entitled to the suspension of the current restraining order.

"It remains in effect until further order of the court," Sumi said, adding that she doesn't know when that will be. The judge said the defendants in question could waive their immunity, allow their attorneys to move forward without them or wait until their immunity expires.

Bob Jambois, attorney for Assembly Minority Leader Peter Barca, responded that if those lawmakers "find this to be an inconvenience," they would still be able to pass the bill again with 24 hours notice of a conference committee hearing and legislative sessions.

Sumi requested briefs from both sides on seeking declaratory judgment, the nature of indispensible parties in the case and time limits for service of process while immunity is in effect. That brief is due April 25 for the district attorney's office, followed by defendants' briefs on May 16 and a reply from the DA on May 23

Wispolitics

[wiphan]

Originally Posted by Riot

It appears the GOP thinks their legal defense only needs to be, unbelievably, "Judge,we refuse to appear in your court - so take away the restraining order until we have the time to give you some time"

The strange thing is this: the GOP could make this all go away, by simply just re-passing the bill in the legislature and the senate. So why isn't Walker doing that? Just re-vote on the bill.

The only reason could be that he no longer has the votes to pass his union-busting bill The overwhelming public anger and the recalls must have scared off GOP who would not vote the same way again.

But wait you supported the WI 14 that left the state. Isn't that ironic

There is no point in arguing with a liberal judge who has an agenda. The argument is that the judicial system has no right to be involved with the process until the law is in effect.

[Riot]

Originally Posted by wiphan

But wait you supported the WI 14 that left the state. Isn't that ironic

No. I think the GOP are free not to appear in court due to their legislative immunity, if that's what they want to do. I think it's a remarkably stupid path if their goal is to get this law passed quickly, and be done with it, because it's just stretching it out, especially in light of the April 5th election.

The GOP just worked against their own best interests. Duh.

There is no point in arguing with a liberal judge who has an agenda.

LOL. Actually, she's a Republican-appointed judge who has personally donated more of her personal money to Republican candidates, and generally has a reasonably conservative viewpoint. She only became a "liberal activist" when the GOP needed her to be But it's nice of you to jump on the "defame the opposition" bandwagon for the GOP. You're doing your part in trying to divert attention from the GOP being in court for violating multiple laws, and blaming the judge.

If the GOP thought Sumi was an "activist judge", why did the GOP not have her taken off the case at the start of this? They actively declined to do this.

The GOP should buy themselves some lawyer - because the AG isn't helping them at all. The SOS saw that, and immediately got his own attorney.