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Friday, March 25, 2011

Wisconsin Law to State Supreme Court?

The biggest problem I have with this is that the Wisconsin collective bargaining bill that was signed into Law by Governor Scott Walker has no business being in the courts at all. The whole notion of an appeal to the Supreme Court is based on a completely false premise. When Dane County judge Maryann Sumi issued a temporary restraining order on the law, she set an entirely new precedent for a judge overstepping his / her bounds. It was learned soon thereafter that she has family inside the SEIU.

There is a side story that is likely to become very important in the coming days. There could be a balance of power shift on the Supreme Court on April 5 and you can bet the Union thugs will be taking great interest.

Via the New York Post:
Wisconsin's Attorney General J.B. Van Hollen appealed Judge Maryann Sumi's decision earlier this week, arguing that the Dane County court does not have jurisdiction over the state legislature.

It is not known when the Wisconsin Supreme Court will decide whether it should rule on the controversial law. The appeals court decision kicks the issue to a court where conservative jurists currently hold four seats while three are held by more liberal judges.

One of the conservative justices, David Prosser, is up for re-election on April 5. His challenger is Assistant Attorney General JoAnne Kloppenburg, who is garnering support from the unions and their supporters.
Again, the problem here is that the right is fighting on the left's terms. This is a law that has absolutely no business being adjudicated in the first place. Since it's already on a judicial course though, this April 5 election could very well determine its fate.

One of the reasons Republicans are having to play ball here is that the Secretary of State for Wisconsin is required to certify the law. As a Democrat, he'll no doubt keep his arms folded while pointing to Sumi's decision in response to questions about his refusal to certify. It's beyond pathetic.

h/t Free Republic

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