Wisconsin’s anti-public employee bill is signed, but the Secretary of State will take the maximum 10 days to publish the legislation, which means it won’t officially become law until March 25 at the earliest, and probably not until the following Monday, March 28. So there are a couple weeks of legal efforts to go here before we see if the bill will become law immediately.
The first attempt at this was blocked by a judge in Dane County court.
Dane County Circuit Court Judge Amy Smith on Friday denied a Dane County request to grant a temporary restraining order that would have blocked Gov. Scott Walker’s collective-bargaining bill [...]
Smith ruled that Dane County did not meet the standard for a temporary restraining order, which calls for the plaintiff to show there would be irreparable harm if the bill is published and becomes law.
“The court is not satisfied that irreparable harm will result,” Smith said.
Smith, however, ordered the county and the state to come back to court on March 16. At the time, the burden of proof will be on Dane County lawyers to make its case.
The Dane County Executive and Board Chairman brought the case, which was based on the violation of open meetings laws that occurred when the Legislature went into conference committee on the budget repair bill. The Madison teacher’s union is trying to join the suit.
Just because this first round in court failed does not mean that the effort will ultimately be unsuccessful. In fact, experts have begun to give their opinion that the bill probably did violate those open meetings laws. The top lawyer for the Wisconsin Newspaper Association, Robert Dreps, thinks the action was illegal:
“Wisconsin’s Open Meetings Law, which applies to the legislature and every other governmental body in the state, requires 24 hours notice before a meeting is convened, “unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting.” s.19.84(2). The joint conference committee meeting last night did not state any “cause” for its failure to give 24 notice of its meeting, nor even claim that 24 hours’ notice would be “impossible or impractical.”
“The legislature has given itself authority to deviate from the Open Meetings Law’s requirements in section 19.87(2): “No provision of this subchapter which conflicts with a rule of the senate or assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule.” The Senate Chief Clerk contends last night’s meeting complied with Senate Rule 93, but the meeting at issue was of a Joint Committee of Conference, not a committee of the Senate. Moreover, the posting within the capitol claimed to satisfy the rule’s notice requirement arguably was insufficient because public access to the building was limited at that time.
“The legislature’s reliance on special rules, rather than the explicit notice standards it has imposed on every other governmental body, even if strictly lawful, violates the spirit of the Open Meetings Law and the legislature’s own expressed policy “that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business.” s. 19.81 Political expediency does not provide good cause to violate this official state policy.”
Keep in mind that the Republicans did not even give 2 hours notice, let alone 24. More from Lindsay Beyerstein, who correctly states that, in the even that the violation was ruled by a judge, Republicans could simply hold the meeting again with proper notice and pass the bill out of the various chambers. But I don’t think these Republicans want to have to go through that entire rigamarole again. Moreover, that’s but one of the multiple legal challenges this bill will draw, and not all of them are related to open meetings. Indeed, some strike to the illegality of passing fiscal items in a “non-fiscal bill,” or changing local pensions in a way that violate “home rule” provisions, or the very troubling possibility that the bill was being written while the conference committee and the Senate were voting.
And if all of these legal challenges go nowhere, there are a mess of citizen actions happening. Union members are pulling their money out of M&I Bank, one of the biggest donors to Scott Walker. And there are the special election and recall efforts.
One of the biggest events will occur tomorrow at the Capitol in Madison, when the Fab 14 return to Wisconsin for a homecoming rally. All 14 Democratic Senators will be on hand, along with Green Bay native and Monk star Tony Shalhoub and top trade union leaders.




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What would constitute irreparable harm?
The Fab 14 forced these clowns to step on their own dicks. Beauty.
Speaking of dicks, the Randy Hopper story made me guffaw. Thanks for sharing it with us!
I hope you’re right. I was on the side of general strike but I’m not in Wisconsin. I just think the left has played fair and has responded too mildly for too long. It just keeps getting worse and that tells me that it’s not working.
Giving you credit for command of the obvious. I’ve avoided most WI threads, filled with optimism about new militanism on the left bc, as you rightly point out, it’s getting worse, not better.
IMO, left still has NO idea what it’s up against and is still blinded by hopeless optimism.
The travesty is how they just abuse language: first collective bargaining is a budget issue, then it’s not. The main purpose of CBAs is to get more money!
I am a teacher in the Madison area. Through collective bargaining we increase our salary, we get the district to take part of our compensation and put it into the state retirement fund, we get paid sick days, we get paid personal days, we get get paid for subbing and we earn these benefits, dammit.
Even something like bargaining about class size affects money.
So, the possibilty that this manipulation of the legislative process may pass muster in the courts is troubling.
Ultimately this power struggle is going to come down to citizen agitation. We have a proud tradition of activism in this state but we also have our share of the population that is tuned out and turned on to entertainment diversions. I know some teachers who have had their eyes opened to the political corruption in Wisconsin. They have been very active in opposing Walker’s demands. But they wonder why this isn’t over already. I hope we can keep enough of these folks engaged to win this battle for democracy. One thing is certain: the Koch Brothers aren’t giving up; they screw workers over for a living.
Incurably optimistic though I usually am, I agree with that assessment. I hate to believe that but my likes and dislikes are irrelevant. I gotta call them as I see them and I just think the time to sing kumbaya and form circles is long over. It all feels good but it’s not accomplishing anything.
In this case, the Democrats, by staying out for so long, forced a full examination of the bill and also mobilized support and actions, the most potent of which may have been when Ian Murphy of the Buffalo Beast got twenty minutes of Scott Walker’s time by pretending he was David Koch. During those twenty minutes, Walker boasted about considering using agents provocateur (a path he reluctantly chose to abandon, as he said during the call), outlined other dirty tricks he and the GOP legislators were considering, and reassured “Koch” that he had no intentions of negotiating in good faith with the Fab 14.
That call put everyone on notice: Scott Walker is a liar. Don’t trust a word he says. Ever.
I agree but the fact remains that collective bargaining has now been stripped from public employees in Wisconsin, along with the right to strike. And after all was said and done, the strikers meekly went back to work. Try to put together a general strike now after the ink is dry. They’ll have to wait for the next abomination and by then, this one will just be a fact of life. Not. Another. Millimeter.
If you’re avoiding the Wisconsin threads, you’re missing the real news.
Speaking of which: One of the best things about this is how so many Wisconsinites got to see at first hand how much the national media slants things. If you got your news solely from network TV, drive-time radio, or the front page of an ISP portal, then the view you get is: Resistance is futile and all the protesters are dirty thugs and hippies — ignoring the presence of bagpiping firefighters and police union members, not to mention the current and former mayors of Madison.
Hopefully you are speaking about he so called leaders of the “Left” not us worker bees who are getting really pissed about what we see..The intentional Power Grab by the Rich!
The fact also remains that the law doesn’t take effect until March 25 — assuming it hasn’t been blocked. A lot can happen during that time.
Your science knowledge is much more up-to-date than mine. But our scientific approaches: look to the evidence; are similar.
How much have the demonstrators accomplished? Bill was passed, signed into law & irreparable damage denied by courts.
This does not constitute progress, let alone winning, in my book.
I think the Wisconsinites have a pretty good idea what they’re up against. Read a few Sconnie blogs, as David does, and see for yourself:
http://malcontends.blogspot.com/2011/03/sen-randy-hoppers-wife-tells-protesters.html
http://foxtrot-echo.blogspot.com/2011/03/does-randy-hopper-even-meet-residency.html
I’m aware. Some are saying it’s more likely to take effect on the 28th, (which is the following Monday). I have a great deal of respect for your opinion but this doesn’t look like anything but another defeat for me. They fought valiantly and the Republicans cheated in the end to get their way and then the left…ah! the left….went meekly back to work….
Good Evening. I was lucky enough to have a courier run this afternoon. I had to go to a court house in a county I’d never been to before. They were starting a new way of deed recordings. I had to go to the mapping department first, then assessors office before I even went to check on judgements or liens! It was a two hour long event just at the court house!
Yep. I try to analyze things based on evidence and data. The more reliable and the larger the sample of data, the more accurate the conclusion. Even if this is a Pyrrhic victory for Walker, it’s still a defeat for the unions.
Bill doesn’t become law until March 25, eCAHN. As David mentions in this post. And there are lots of legal challenges, of which the one that’s the subject of this post was only the first.
I think I’m going to trust the guy who’s spent a bit of time on the ground in Madison and has connections with the organizers there.
I was convinced by the book salon I hosted (alpha male model of human behavior), and even more by money in politics, that it doesn’t matter how much worker bees get excited, they still lose.
As workers, voters, you need leaders and all have been coopted by $$$.
As workers, you also need to be willing to give up your lives, not just a couple of days or months of work to accomplish anything. When I see evidence of that, instead of putting up with getting locked out of capital, Ds returning to state, willing to compromise, etc., I’ll assess evidence is on side of no change. Still too little too late.
I’m not sure about the rest of this country, but the people in Wisconsin know what they are up against. They have seen the snake eyes and the slithering up close and personal.
PW, don’t try to convince me in advance of actual accomplishments. When I see the accomplishments, I’ll change my mind. You won’t need to convince me then.
Tell me, what would have happened had the Democrats not left the state?
The bill would have passed, there would have been some grumbling, but not much.
But the boycott forced the bill to be read. And that’s what the Republicans didn’t want.
Why didn’t they pull their split-off-the-bill gambit earlier? They could have done so, you know, at any time in the last three weeks. Because doing so is a tacit admission that their goal isn’t “fixing” the budget, but screwing the workers. In the end, they wound up splitting it off, but in such a clumsy, ham-handed fashion that it’s now open to various legal challenges.
I’m GLAD the Democrats left the state! Where have I ever implied they shouldn’t have? You seem to think that I was against their leaving to prevent a quorum. That’s just wrong. In fact over and over I’ve cautioned against them letting themselves be lured back. Even now I think it would be the wrong move. My point is not that they did too much! It’s that in the end, the protesters didn’t do enough. I was on the side of calling a general strike. That’s all. I never even brought up the 14 Senators who left the state.
PW, I love your optimisim, especially for the people of Wisconsin. I hope that the legal experts there will take Walker down. Hell, I think he has done enough wrong that any citizen on the street could arrest his arse and throw him in a cell.
He has disrupted the entire state and subverted the rules of legislature.
eCAHN, if you wanted to see the accomplishments, you could read these Wisconsin posts. You know, the ones you just said you didn’t read? Facts are better than reflexivity, either the optimistic or pessimistic kinds.
Accomplishments you advance are process not outcome. Outcomes all favor wingnuts.
On edit: My opinion doesn’t matter anyway. So move on to others who are convincable.
300Million:400 aren’t really good odds for the 400, regardless of how much money and influence the 400 have.
I’m sure Marie Antoinette thought her desired outcome was likely, and it certainly wasn’t.
As I said, my opinion doesn’t matter. When the 300 million win, if it’s in the remaining 20 years +/- of my lifespan, I’ll acknowledge the errors of my ways.
As David said weeks ago and I just mentioned in this thread, Walker and the Koch Republicans could have pulled this maneuver weeks ago. They didn’t because they didn’t want to admit that this wasn’t about fixing the budget, but beating up on a particular group of people.
If the Democrats had stayed and allowed Walker his quorum, the bill would be in effect by now and its worst effects only coming to light just now. But with the delay, the Senate Democrats bought enough time for the bill to be examined by the local press — and also won the admiration of Democrats and progressives nationwide, even worldwide.
Remember the talk of last fall’s “enthusiasm gap”, where the Democrats were moribund and the Republicans fired up? Now, the shoe — in Wisconsin at least — is on the other foot:
I think they did some damned good things. It’s my belief that the Republicans in Wisconsin are in for a rough few years. If at least some of those 8 Republicans aren’t recalled, then my judgment is totally screwed up. Still, it’s a done deal and barring any court action, it’s a fact of life in Wisconsin now and in the end, the demonstrators meekly went back to work…
As far as accomplishents:
Well, Mitch Daniels was looking to have a similar bill enacted when his state’s Dems pulled a Wisconsin. Granted, Daniels is smarter — or just knows how to hide his arrogance better — than do Walker and his buddies. But there’s been a slowdown in the attempted nationwide ALEC-crafted legislative blitzkrieg as governors like Daniels decide to delay their moves rather than get associated with Walker, who is already in the process of becoming someone with the electoral equivalent of leprosy:
I am beyond pessimism, for this country and this species.
Also completely numbed at having to watch the progression of ever more ignorant brutal fascist horseshit.
Which yes, has yet again won a round.
But I must say I honestly never expected to see a thing like the WI uprising. It was not nothing.
And it’s not done.
It was huge that the cops threw in. Huge.
Yes just the tiniest of sparks, for now. But NOT dead. And a brainwashed, comatose larger nation isn’t awakened in a day or a month, nor a juggernaut of evil stopped.
Anyway despite my pessimism I enjoy seizing the utter refreshingness of what’s gone down in WI.
The good idea in this post, that nobody has mentioned, is withdrawing a billion dollars of union assets from M&I bank.
Let me repeat DDay’s link:
http://www.dailykos.com/story/2011/03/11/955274/-Wisconsin:-Hurting-Walker-by-Boycotting-One-of-His-Biggest-Donors,-MI-Bank
Count me in the corner of the skeptics. I don’t think the left has the attention span needed. In order to recall Scott Walker in 2012, something like 540,000 signatures would need to be gathered in 60 days. Something of similar intensity is necessary in each of 8 senatorial districts in the next 60 days, i.e., 16,000 or so signatures will need to be gathered in each of the 8 districts in the next 60 days. (There are 33 senate districts). I don’t think the left has the attention span. I think no recall is going to happen.
Walker has openly admitted his agenda of tricking and repressing Americans and destroying the middle class and labor.. for his corporate buddies. Like Bush, Walker dropped out of school and behaves as if he’s been given a lobotomy but that doesn’t stop him from being a psychopath with the same personality as Hitler, and Stalin..no difference, a psychopath is a psychopath. Walker once threatened a police officer’s life who stopped him for a ticket..unfortunately he wasn’t charged with that crime which is a felony. Walker is completely terrified of anybody gaining any advantage or power over him since in his psychotic dreamworld that would threaten him personally. The only agenda that would make Walker and his sidekicks like Fitzgerald satisfied is the destruction of the constitution, democracy and free enterprise and the whole of America slammed into poverty and slavery with all of the weath consolidated into the hands of a few corporatists..who by chance hold key government positions.. in other words the goal of Republicans is to turn America into a second China. The repression in the US has already gone a long way courtesy of republican traitors who together have the same agenda as Walker. USA has the largest prison system in the world and the most funded propaganda machine and no country but the USA has murdered as many people in illegal wars since the times of Hitler and Stalin. Walker also has no concept of morality and would freely admit this is his end goal..since no decent person can accept his true level of depravity and evil.
For Walker and his thugs, his personal war against America is already lost. Hitler also banned trade unions as part of his agenda, and Hitler also paid with his life for his evil agenda. His entire gang of war criminals ended up hanged. Walker’s thugs have rammed through an attack on the american public illegally, the next step to stop his rampage is an agressive court case. Walker will be hounded out of office in short order and preferably into a long prison term.
The “win” doesn’t come from winning this particular battle. It comes from fighting it. Wisconsin Democrats and union members have achieved far more than the national Democrats and the traditional “left” have with all their half-hearted “compromising” and “art of the politically possible.” They have energized their followers. People have finally decided that taking direct action is necessary.
The fight back has only just begun. Let Walker enjoy his Pyrrhic victory.