WI - State will DEFY judge's order and implement anti-union law!

[katanalori]

State will continue implementing collective bargaining law despite judge's order.

"State officials say they will move forward with Wisconsin's controversial collective bargaining law, despite a judge's order barring its implementation — and a threat of sanctions against anyone who violates it.

Department of Administration Secretary Mike Huebsch said he has a legal obligation to implement all laws that have been passed by the Legislature, signed by Gov. Scott Walker and "published into law."

(snip)

"Huebsch's comments raise questions about whether he or other state officials could be held in contempt of court after a hearing Tuesday, when Dane County Circuit Judge Maryann Sumi made it clear that any further implementation of the law is barred."

http://host.madison.com/wsj/news/local/govt-and-politics/article_195e7dd0-5b20-11e0-83bb-001cc4c002e0.html

[eowyn_of_rohan]

1. This makes me uneasy

It's as if they think (or know) they can get away with this ... otherwise it is sheer insanity. I wouldn't dismiss either possibility.

[iwishiwas]

12. They have come up with another claim..........

Whow!!

Huebsch pointed out that the DOA is not a party to the lawsuit, and the order "fails to state" the law is not in effect.

"It is unclear how she can issue an order binding non-parties to a case who have not had their day in court," he said in an email.

A Department of Justice official echoed those statements.

[eowyn_of_rohan]

24. great.

we need a "hang me" icon.

[Occulus]

23. As someone else here said on another thread: CONTEMPT OF COURT.

JAIL THEM.

I believe the judge has sufficient grounds by now. God knows judges have exercised the ability in the past.

[monmouth]

2. I'd like to see handcuffs brought out...n/t

[abelenkpe]

5. +1 nt.

[midnight]

7. Yes... The law is something they should up hold...

[rzemanfl]

3. This is going to get interesting. It reminds me of when Jeb

had armed FDLE guys ready to confront armed Pinellas County Sheriffs and take Terri Schiavo's vegetative shell to a doctor to have the feeding tube re-inserted.

[JaneQPublic]

4. Forget about recall, arrest the whole lot of them. (nt)

[Sherman A1]

6. Agreed but,

who is going to do the arresting?

It's a Wisconsin issue and law enforcement works for the Executive Branch.

[monmouth]

13. Federal Marshals?...n/t

[eowyn_of_rohan]

19. CITIZEN's ARREST!

TAR AND FEATHER! (I mean it)

[JaneQPublic]

26. Who would do the arresting if Walker axe-murdered someone?

Presumably someone in the state would have the authority to slap some cuffs on the dude.

And now that he is in open defiance of the judge's ruling, you'd think the judge would have some means to intervene.

I know there's already a recall movement brewing in preparation for Walker after he passes the threshold of one year in office, but I'd think his present actions would warrant flat-out impeachment, if the WI constitution has provisions for such a thing.

[socialist_n_TN]

8. OK here's the deal. I've talked to some Wisconsinites

on here who don't want a general strike because some part of that law says they can fire workers who engage in a strike. Well what about now? Obviously, this law has NOT been legally finalized. IF you struck NOW, you wouldn't be in violation of the law BECAUSE A JUDGE SAYS THE LAW IS NOT VALID!

Guys, y'all are going to have to get tough with these fuckers. THEY ARE IGNORING LEGAL PRECEDENT right and left. Even if you recall them, they won't leave office. It's time to get a LOT less polite.

[eowyn_of_rohan]

20. But law is TRICKY and complex

you think you have them trumped only to find they have discovered some hidden loophole... it is a nightmare chess game

[Pharaoh]

9. These guys are clearly insane!

:freak:

[undeterred]

10. State officials are not above the law.

We are a nation of laws, not of men. Dane county will enforce the laws of the state and the orders of the court, you can be sure of it.

[buddysmellgood]

11. This is a gift. We'll use it to turn out the vote April 5.

[eowyn_of_rohan]

21. sounds good in theory

if only the system would work for once.

[Warpy]

14. Good. Judges are notoriously unenthusiastic about this stuff

and that little weasel Walker is going to find himself sitting in jail for contempt.

If Wisconsin is lucky, the judge won't let him out until his replacement has been sworn in.

He could be impeached and removed before a recall can be implemented.

[iwishiwas]

17. She was none too happy on Tuesday. Now this.

[pacalo]

15. Imposing sanctions: "How a Federal Judge Is Like an 800-Pound Gorilla"

...In a 1991 decision, Chambers v. NASCO, Inc., the Supreme Court held, in essence, that a federal judge is like the proverbial 800-pound gorilla. The majority held that federal judges have all the judicial power necessary to manage their own proceedings and to control the conduct of those who appear before them, including the inherent power to punish abuses of the judicial process. Thus, federal judges have a license to sanction lawyers and litigants virtually at will and without regard to limitations in the Rules and statutes.

http://repository.law.ttu.edu/bitstream/handle/10601/35/baker18.pdf?sequence=1

Walker's thugs are underestimating Judge Sumi's power.

[iwishiwas]

16. More---this is utter garbage.....

http://uppitywis.org/blogarticle/doa-keep-carrying-maybe-more-or-less-we-think#attachments

Secretary Huebsch Statement on Implementation of 2011 Wisconsin Act 10


MADISON –Wisconsin Department of Administration Secretary Mike Huebsch today released the following
statement regarding the implementation of the budget repair bill:


“I have a legal obligation to execute all laws pertaining to my department that have been passed
by both houses of the legislature, signed by the Governor, and published into law. The
Department of Justice has concluded that 2011 Wisconsin Act 10 has met those requirements
and is now effective law.

My legal counsel agrees with the Department of Justice’s legal
reasoning and conclusions. Accordingly, it is my duty to administer that law.

“On the other hand, Judge Sumi made clear in comments from the bench yesterday that she
intended to prevent further implementation of Act 10 by anyone including, apparently, nonparties
such as myself and the Department of Administration. Yet, the TRO she issued fails to
state that Act 10 is not in effect. In fact, Judge Sumi declined a request to declare that Act 10
was not lawfully published. It is unclear how she can issue an order binding non-parties to a
case who have not had their day in court.


“Because of the questions this TRO raises, its legal effect on my implementation of Act 10 is
also unclear. DOA will continue to monitor court proceedings and work with legal counsel and
the Department of Justice to determine an appropriate course of action.”
-30-

[Blue Owl]

18. OK now imagine if a Democrat even thought about doing this

Can you say DOUBLE FUCKING STANDARD???

[Canuckistanian]

22. They can't do that

Can they?

[eowyn_of_rohan]

25. only the shadow knows

sorry. just saw the Bottle Rockets and James McMurtry , had a few beers.

[Manifestor_of_Light]

27. Contempt would be a GOOD START.

There's a course we take in law school known as Remedies, which goes into civil and criminal contempt.

I am a lawyer, but I do not play one on TV. I do not have a license, so I cannot sue you. I'll be here all week. :D