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(Thug) Wisconsin Atty General files appeal to lift Restraining Order against "Budget Repair Bill"

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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:10 PM
Original message
(Thug) Wisconsin Atty General files appeal to lift Restraining Order against "Budget Repair Bill"
Edited on Mon Mar-21-11 04:26 PM by eowyn_of_rohan
Here it comes...

MADISON Today the Wisconsin Department of Justice filed an appeal in the 4th District Court of Appeals seeking to lift a Temporary Restraining Order placed on Secretary of State Doug La Follette's duty to publish 2011 Wisconsin Act 10.

Taken directly from the brief the Department asserts:

"Court does not need to determine whether the Open Meetings Law was violated. Instead, it must only assess whether a court may issue an injunction against a party over whom it has no personal jurisdiction, whether a court may issue an injunction to interfere with the constitutional power of the Legislature to declare what shall become law, and whether a court may issue an injunction to suspend publication of a law on a legal basis that does not provide the court with the authority to declare the law void. If the court lacks any of these powers, the TRO must be promptly vacated."

In summary, today's action by the Justice Department argues:

(1) The (Dane County Circuit) court had no jurisdiction over the legislators (who have legislative immunity) or the Secretary of State (who is not a proper defendant in an Open Meetings case and also enjoys sovereign immunity;

(2) The court may not interfere with the legislative process and enjoin the publication of a bill as the last step in the legislative process; and

(3) Even if the Budget Repair Act were published law, a court could not void it on the basis of an Open Meetings violation. Supreme Court decisions have made clear that a court may not void a law based upon the legislature's failure to follow rules of legislative process, whether those rules exist in statute or legislative rules. Courts may only evaluate whether constitutional procedural requirements were met.

~~~~~~~~~~~~~~~
Department of "Justice' my a$$. Wisc. Attorney General Van Hollen, also co-chair of the 2008 Wisconsin McCain Campaign, led a stunningly audacious attempt to disenfranchise voters in the 2008 election.
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:28 PM
Response to Original message
1. That third argument is sort of, uh, hmmm
If a legislative rule or statute is to have effect, doesn't that necessarily imply that it is constitutional? Is there a statutory definition under Wisconsin law for what is a "constitutional procedural requirement"? It seems the Wisconsin DOJ is grasping for a distinction without a difference. If the Wisconsin Supreme Court (where this controversy is going to end up) is likely to rule that the procedure followed by the Budget Repair Act was illegal, then the lower court is perfectly within its discretion to issue a restraining order against the Act's implementation.

Seems like the DOJ is working doubly hard to stovepipe some kind of exception for the legislature not to follow the law in enacting new laws.
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EC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:30 PM
Response to Original message
2. How does she not have jurisdiction?
It's already been determined that Dane County has jurisdiction, so how can they argue the judge didn't?
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:36 PM
Response to Reply #2
5. That's true - it WAS determined ahead of time
I hope someone can figure out how they slithered their way around this, or if they really can.
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Thomas Veil Donating Member (6 posts) Send PM | Profile | Ignore Mon Mar-21-11 04:31 PM
Response to Original message
3. Show us the law
I'd like to see the case law that they're citing to prove that the courts have no jurisdiction over legislators, nor over violations of the Open Meetings law. Are they BSing us (my first thought) or is there really precedent for this?

Also, I wish they'd stop calling this thing Orwellian names like the Budget Repair Bill. Call it instead what it is, the Budget Chaos Bill or the Worker Attack Bill.
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:34 PM
Response to Original message
4. put differently, by the Milwaukee Urinal
In its appeal Monday, the state made several arguments. First, the state argued that the court has no jurisdiction over GOP legislative leaders being sued or over La Follette because they all currently "enjoy legal immunity" (OH I BET they "enjoy" it... :eyes: :mad: )

Second, the state argued that the court can't block a bill that hasn't yet been published into law because that amounts to interfering with the Legislature in its area of responsibility of passing laws.

Last, the state argued that the courts can't block or strike down a law passed by the Legislature purely on the basis of lawmakers failing to follow the rules of the lawmaking process such as legislative rules or the open meetings law. State Supreme Court decisions have found that the courts can only strike down or block laws when the Legislature has failed to follow constitutional requirements, the state said in its appeal.



http://www.jsonline.com/news/statepolitics/118377819.ht...
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nebenaube Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:37 PM
Response to Original message
6. If there is 'sovereign immunity' then
Why have legislators been arrested by the State Troopers for DUI and possession?
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:40 PM
Response to Original message
7. From what I heard on WI Public Radio this a.m. is that the judge told them
that they could just pass the law again. So if Walker fails in the courts the Republicans can simply pass the bill all over again. So it will happen, it's just a matter of time. Let's not make more of this than it is--simply a delay.
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:15 PM
Response to Reply #7
8. Sorry. I don't believe it necessarily "will" happen
though you are free to make whatever you'd like out of this, I have my hopes set a bit higher.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:18 PM
Response to Reply #8
10. Just telling you what I heard, and that was that the judge said they could just pass it over again.
I don't confuse hope with reality. A TRP does not mean that the bill cannot simply be passed again as the judge said.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:19 PM
Response to Reply #7
11. Well yeah, if they want the whole protest thing all over again, I
suppose they could. Then they could claim $15 million dollars damage to the capitol and grounds....
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:17 PM
Response to Original message
9. Did they get leave to appeal from the trial court? Something
tells me that they at least had to try that before this, although after 15 years my Wisconsin appellate procedure is a bit rusty. Also, if they appeared in court, didn't they waive jurisdictional objections by doing that?
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madamesilverspurs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:37 PM
Response to Original message
12. Kicking this to keep Wisconsin in the news.
Can't help picturing Walker on his knees thanking God for Japan and Libya, not to mention a mainstream media that can't handle covering more than one story at a time.

Still with you, Wisconsin. Don't give up!

-
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 06:29 PM
Response to Reply #12
13. Thank You for your support. This is going to be a nervewracking week.
Many things could turn, depending on what happens...
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madamesilverspurs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 06:58 PM
Response to Original message
14. kicking
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