l****z
发帖数: 29846 | 1 Game Over: WI Supreme Court reinstates collective bargaining law, blasts
activist judge
Jun 15, 2011
Late yesterday, the rule of law won, judicial activism lost. The Wisconsin
Supreme Court blasted a lower court activist judge from legislating from the
bench, and reinstated the union law passed by the legislature and signed
into law by Governor Scott Walker. From JS Online via memeorandum: Supreme
Court reinstates collective bargaining law
Acting with unusual speed, the state Supreme Court on Tuesday reinstated Gov
. Scott Walker's plan to all but end collective bargaining for tens of
thousands of public workers.
It did no such thing of course. Only took healthcare and such off the table.
But anyway.
The court found a committee of lawmakers was not subject to the state's open
meetings law, and so did not violate that law when they hastily approved
the measure and made it possible for the Senate to take it up. In doing so,
the Supreme Court overruled a Dane County judge who had struck down the
legislation, ending one challenge to the law even as new challenges are
likely to emerge.
...The opinion voided all orders in the case from the lower court. It came
just before 5 p.m., sparing Republicans who control the Legislature from
taking up the contentious issue of collective bargaining again.
And then came the backhand across the chops:
...The court ruled that Dane County Circuit Judge Maryann Sumi's ruling,
which had held up implementation of the collective bargaining law, was void
ab initio, or invalid from the outset.
In its decision, the state's high court concluded that "choices about what
laws represent wise public policy for the state of Wisconsin are not within
the constitutional purview of the courts."
The court concluded that Sumi exceeded her jurisdiction, "invaded" the
Legislature's constitutional powers and erred in halting the publication and
implementation of the collective bargaining law.
...In its ruling Tuesday, the Supreme Court said it took up the case because
the lower court had "usurped the legislative power which the Wisconsin
Constitution grants exclusively to the Legislature."
Ouch. Perhaps Walker can go around spiking the football, to quote Obama. He
won't though. More from Power Line, Hot Air, Don Surber, NewsBusters,
Michelle Malkin, Ann Althouse, Pajamas Media, Datechguy, Outside the Beltway
, Gateway Pundit, Patterico's Pontifications, The Greenroom, iOwnTheWorld
and The Volokh Conspiracy |
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