The Legal Debate in Wisconsin…
March 11, 2011
The vote in Wisconsin to limit public-employee bargaining rights is a decisive turning point in American politics. On Wednesday, Republican state senators passed a stripped-down version of pending legislation to limit collective bargaining without a single Democrat present in the chamber. Democrats may challenge the vote in court, but for now, it looks like a huge defeat for public-employee unions.
Did Wisconsin Republicans overreach? It's too early to tell, but public opinion polls are not going in their favor right now. A New York Times/CBS poll found that 60 percent of Americans oppose weakening public employees' bargaining rights, while Rasmussen reports that 52 of Wisconsin voters oppose such efforts.
Nonetheless, public-employee unions are not particularly popular with the public — they're not even all that popular with private-sector union members. Rasmussen, for example, found that 44 percent of Wisconsin voters in private-sector union households think that public-employee unions have too much power.
The Wisconsin bill does not — as critics claim — take away collective bargaining rights, but it does limit them. The bill requires public employees to vote on union representation every year and to pay their dues directly to the union rather than having them deducted by the state employer. It also restricts certain public-employee unions from bargaining over benefits and other non-wage issues, and it limits pay increases from exceeding changes in the consumer price index. If Republicans are going to win over the public on this issue, they will have to do a better job explaining their position.
No State Senator bears more responsibility for the recent events in Madison, Wisconsin than Mark Miller. As Democrat minority leader, Mark Miller led a boycott of all 14 Democrat State Senators. The group all bailed to neighboring Illinois on February 17, denying Republicans a quorum in the Wisconsin State Senate, so they could not pass Governor Scott Walker's controversial "Budget Repair Bill".
Even before thousands of socialists and labor unionists descended on the State Capital, Miller reportedly worked with Madison mayor Dave Ciesliewicz in an attempt to persuade the Secretary of State to delay Scott Walker's Bill, so that Ciesliewicz could sign off on City union contracts before the Bill was passed.
Efforts by the U.S.'s largest Marxist organization Democratic Socialists of America to fan the Wisconsin flames, into a nationwide anti- GOP movement. See the “How did our candidates do?” of the above link to see the ties. When Mark Miller first ran for State Senate in 2004, his endorsement list included a slew of leftist unions, pressure groups and individuals, including for Dane County supervisor and D.S.A. member Leslie "Buzz" Davis.
An explaination from the left:
Shockingly, President Obama and his allies are trying to make Scott Walker and his supporters pay a heavy price for standing up for the taxpayers in their fight with the unions.
Already pro-Obama groups are setting up websites and circulating petitions to hold a recall election for Gov. Walker and eight Republicans who supported him.
Make no mistake about it these far left groups are angry and furious.
Reuters explains why they are so hopping mad: “Unions -- a key source of funding for Democrats -- fear the Wisconsin law will bolster Republicans in other states to cut spending by targeting public workers. Ohio, Indiana, Michigan, Florida and Iowa have similar legislative moves pending.” And that’s not all. Wisconsin proves that our officials in Washington can also act, if they have the courage to do so.
Then the Lawsuit:
MADISON, Wis. (AP) — Republican lawmakers violated Wisconsin's open meetings law when they amended a contentious plan that bars most public employees from collective bargaining, a Madison prosecutor alleged in a lawsuit Wednesday.
Dane County District Attorney Ismael Ozanne's legal challenge is the second from a county official since Gov. Scott Walker signed the bill into law Friday. Ozanne filed his lawsuit after Democrats in the Wisconsin Assembly alleged Republican leaders didn't give enough public notice that a committee planned to meet to amend the bill.
Ozanne, a Democrat, wants a judge to void the law and issue an emergency order blocking the secretary of state from publishing the law, which would prevent it from taking effect. He also wants each Republican leader fined $300.
Judge Maryann Sumi was scheduled to hold a hearing on the lawsuit Thursday morning.
Madison -- Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees. Sumi’s order will prevent Secretary of State Doug La Follette from publishing the law until she can rule on the merits of the case. Dane County Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state’s open meetings law. Sumi said Ozanne was likely to succeed on the merits.
"It seems to me the public policy behind effective enforcement of the open meeting law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law)," she said.
The judge’s finding – at least for now – is a setback to Republican Gov. Scott Walker and a victory for opponents, who have spent weeks in the Capitol to protest the bill. Asst. Atty. Gen Steven Means, who was part of the state's legal team, said after the ruling that "we disagree with it." Justice Department attorneys argued that notice on a bulletin board posted about two hours before the committee meeting was to start last Wednesday was sufficient under rules of the Senate.
Judge Maryann Sumi's husband donated to three of the state's Democratic Fleebaggers.
Via Media Trackers:
There was already cause for Judge Maryann Sumi to have recused herself in the collective bargaining lawsuit since her son, Jake Sinderbrand is a former employee of the AFL-CIO and SEIU, now more conflict of interests have been discovered.
Judge Sumi’s husband, Carl Sinderbrand donated to the campaigns of three of the “Badger 14″: Dave Hansen, Jim Holperin and Robert Wirch. Additionally Sinderbrand donated to Tom Barrett in his fight against Scott Walker for the governorship.
Judge Sumi’s family has a history of strong ties to unions and a pattern of financially supporting only democratic candidates. This is not the impartiality Wisconsin deserves on the bench.
Update 3/24/11
Appellate court bumps budget bill suit up to Supreme Court
Disclaimer: These statements were all found on the internet and are not fictitious statements of this blogger.
Update 3/24/11
Appellate court bumps budget bill suit up to Supreme Court
The Wisconsin Court of Appeals today asked the Wisconsin Supreme Court to directly take up a complaint alleging an open meetings law violation in how Republican lawmakers approved a bill to revoke the collective bargaining rights of public employees. The 4th District Court of Appeals wrote in its certification request that there are several questions arising from the complaint, including whether striking down a legislative act for violating the open meetings law is allowed, and if so, can a court stop the secretary of state from publishing the act before it becomes law.
It is interesting to note that a Wisconsin Supreme Court election is taking place next Tuesday, April 5th. This is turning out to be a mandate on Governor Walkers Collective Bargaining law. The contenders, Kloppenburg and Prosser will now square off in an election that will determine the court's direction. Since 2008, the court has been controlled 4-3 by a conservative majority that includes Prosser.
The winner will earn a 10-year term on the court.
The race is officially nonpartisan, but defeating an incumbent conservative justice would send a "shockwave" through the Republican Party, said Jim Palmer, executive director of the Wisconsin Professional Police Association. Palmer noted in an e-mail to The Associated Press the WPPA hasn't endorsed a candidate yet, but said the labor debate will play a huge role in the election. "Over the last month, (Kloppenburg's) campaign seems to have risen from relative obscurity and it's now really going to be a race to watch." Links HERE and HERE.
Disclaimer: These statements were all found on the internet and are not fictitious statements of this blogger.
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