When I first read about this, I actually dismissed it. There was no way that the laws of the state of Wisconsin would be so consistently abrogated in this fashion, I thought. Well, fool me once…
The Legislative Reference Bureau, a nonpartisan bill drafting and library organization that works for the state Legislature in Wisconsin, published the controversial anti-union bill. A Dane County judge has put a restraining order on implementation of the bill. However, the LRB claims in a footnote that the restraining order only applies to the Secretary of State, who normally publishes bills. Here is the content of the footnote in the legislation:
Pursuant to section 35.095 (3) (b), Wis. Stats., the secretary of state designated March 25, 2011, as the date of publication for this act. On March 18, 2011, the Dane County Circuit Court enjoined the secretary of state from publishing 2011 Wisconsin Act 10 until further order of the court. Section 35.095 (3) (a), Wis. Stats., requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment.
With the bill officially published, the Secretary of Administration, Mike Heubsch, put out a statement: “Today the administration was notified that the LRB published the budget repair bill as required by law. The administration will carry out the law as required.” Laws in Wisconsin normally take effect the day after publication.
This means that, despite a restraining order against the implementation of the bill, the Governor’s office plans to implement it anyway. This goes below the admittedly low bar I normally set for conduct by public officials.
State Sen. Jon Erpenbach alleged on his Facebook page that Senate Majority Leader Scott Fitzgerald forced the LRB to publish the bill:
Fitzgerald ordered LRB [Legislative Reference Bureau] to publish the law. It’s unclear if that does in fact make it law. LRB is unclear on that too. Lawyers are sorting things out [...]
Fitzgerald has ordered a non partisan agency to do something that us clearly partisan. Never ever has that been done before.
Not even the LRB knows if their publication makes the bill a law. Traditionally, as I said, the Secretary of State has that power.
At the same time as all this is going on, a third lawsuit has been filed against the anti-union legislation, this time by city of Madison firefighters and public works employees, claiming that it included fiscal items and therefore should require a quorum, which it did not have in the state Senate.
AFL-CIO Laborers Local 236 and Firefighters Local 311 allege that despite claims to the contrary, the bill contained provisions that have fiscal impacts on the state and required a quorum of three-fifths of the Senate to vote on it.
There were only 19 of the 33 senators present for the vote, all Republican. The Senate’s 14 Democrats were in Illinois to deny Republicans the quorum for the fiscal portions of the bill.
We still don’t know if the state Supreme Court will take up the restraining order on the bill, which has been appealed by the state Attorney General. But the Walker Administration is acting like the restraining order didn’t exist.
The level of contempt for the law is astounding to me.
UPDATE: Assembly Minority Leader Peter Barca just released this statement:
“In conversations this evening with Legislative Council attorneys, I was informed that it is their opinion, as well as the opinion of the Legislative Reference Bureau director, that Act 10 will not take effect based on the actions taken by the Legislative Reference Bureau late this afternoon.
“This bill has been under a cloud of suspicion since day one. Today’s actions and statements are only perpetuating the problem. The people of Wisconsin expected that because of the court injunction, Act 10 will not be able to take effect.
“Official publication by the Secretary of State is required for this act to go into effect. The Secretary of State, the only Constitutional officer with the power to publish law, is prohibited by court order from publishing this Act.
“I can only hope that the confusion resulting from today’s actions and comments does not harm the many communities and people who will be impacted if this does becomes law. The statements by the administration and legislative leaders only add to the confusion. We can only hope that their misstatements were not intentional or malicious.”
Of course, the point is not necessarily whether the Secretary of State has the sole power to publish law – that looks clear to me. It’s whether the Walker Administration THINKS the bill is now published and law that’s the problem, and what will be the remedy for that.




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Heh, more brazen and more brazen everyday.
Not sure why Walker doesn’t just declare himself King, disband the legislature and courts and be done with it.
What an asshole. Capitlized, bolded, italicized, and underlined ASSHOLE.
EDIT: Oh well, guess I don’t know how to all of that formatting.
Umm, is it possible there will be arrests over this? I mean surely this not only violates the restraining order but negates the separation of powers. Doesn’t it?
[obligatory "unions are evil" message here]
David:
Have you forgotten the lessons of BushCo? They are taking it to the state level now. That is all.
What happens if Walker simply ignores the courts?
What can be done to him?
Walker is a punk-ass beeyotch.
they have the reigns of power and they know anything they write into law will be almost impossible to change since democrats are with them in hiding.
tons of trouble we are luke
How do you spell contempt of court?
Oh, wait I just did!
Fitzgerald needs a room with no view!
It’s easy OFG. Just highlight the word and hit the B in the upper left corner of the comment box for bold, the I for italic The underlined U to underline the word or the struck through ABC for the
strike throughoption. Or you can do combinations.This KochSucker is a political suicide bomber. When he is recalled he will achieve martyrdom.
Why would this surprise anyone…..remember we have Americans running around without a care after “torturing” innocent peoples & my fellow Americans(Jose Padilla & Manning)…Cheney is still out there & GWBush well he has been on TV boasting how he tortured folks.
“Rule of Law”….that only applies to me & yous.Remember what the current creep in the WH has been lamenting “we have to move forward”.Yep,we have to disregard what the high & mighty did,cuz the high & mighty must be allowed to torture the lesser peoples.
We had this (see video, “Meet the Koch Brothers’ Future Union-Busters” by Jacob Wheeler, March 17, 2011) and now that the whole public knows about the conspiracy of officers of the court across more than one state in a false flag operation (RawStory.Com, Mar. 25, 2011), I really doubt the Cheese Head legislators et alia will just be standing around.
OT– TheUpTake.org has 76% of the funding for “Provides Live Video of protests against Wisconsin anti-union bill” which is peer reviewed by GRITtv with Laura Flanders. Consider chipping in if you can here.
Maybe this is a ploy to get demonstrators back at the capital in order to provoke a violent confrontation. Walker’s openly contemplated it, (with fake Koch), and been advised to, (by Indiana state employees among others).
I thought that’s what I did.
I highlighted ASSHOLE, then pressed the B, the I, and the U.
AARRGHH!!!! It didn’t do it again.
I give up, not important.
The revelation of the MBSs/CDOs (Dec. 2, 2010) means they were already in it to the city level.
Oh, and you’ve got mail. *g*
Ya gotta re-highlight after each button. Thus. But only highlight the word, not the surrounding tags.
hate to say it… but when the Florida judge enjoined the full health care law… the Obama administration showed the same contempt for the judiciary and continued implementation… and only filed an appeal after being more formally threatened with the equivalent of a punishment of contempt if they failed to ask for expedited appeal.
At least the Walker administration itself has been using the courts— the nonpartisan board published the law as required by law…
OMG this nightmare just keeps getting worse. Our entire govt system is now openly ignoring the rule of law. We are officially a banana republic.
This is textbook fascism. Anti-union extremism is FASCISM. That’s the only word in the dictionary for anti-union extremism. It’s time to use the word fascism to describe these actions. All the time.
I concur. However, I am now convinced that these people will lie, cheat, steal, flout the rule of law, or whatever else it takes to pursue their agenda. Somehow, this reality needs to be communicated to a large enough bloc of citizens so that effective pushback can happen. Wisconsin has produced some momentum. Let’s hope it continues, even multiplies.
Weird. I wonder what’s going on? Back atcha. :)
Wrong. Scott Walker is not an “asshole.” Scott Walker is a Fascist.
Textbook definition of a fascist. Anti-union extremist.
I dunno, I swear I’m going to find out.
If it’s indeed somehow been cancelled out again, then I’m just going to send a money order and bypass HEB.
Looks like fascism without the associated popularity of fascism.
Vital Signs: ABC for Health files legal claim against Walker officials for terminating contract
“The money was part of a $637,114 grant issued to Wisconsin through the national health reform law. Insurance Commissioner Ted Nickel returned the grant to the feds in February, calling it “largely duplicative and unnecessary” and “a waste of taxpayer’s money.” ‘ LINK.
What separation of powers?
One state, under the Koch brothers, with liberty and justice for sale.
http://www.youtube.com/watch?v=ednDmHnQFAc
There was a time, not that long ago, when a Dane County judge would have gotten out of bed in the middle of the night to write a contempt citation over this. We can only hope. And maybe it will have an effect on the election for supreme court justice assuming elections are still legal.
This action shows utter contempt for the rule of law. Even compared to their previous actions, this is, procedurally, a new low.
laws, court restraining orders. We don’t need no stink’n laws. We are above the law. We have moved passed the pretense of being law abiding. We are Royalty. We decide when peasants jump and peasants say, HOw high?
DDay, thanks for explaining this.
Eh, the state supreme court will probably rule on this within a short amount of time anyway; it’s ultimate fate regardless of passage will be decided soon.
All that will be left is to clean up the wreckage of downed Japanese torpedo planes and refloat the battleships.
It’s “ultimate fate” is irrelevant to the fact that they are disobeying the restraining order now. That’s like me saying that I can rob a bank because eventually bank robbery might be made legal.
Question did this legislation also include sale of state assets? if so the which brothers will now buy state assets over the weekend. sure the paperwork has already been drawn up
probably got a legal opinion saying this is A-OK.
Prolly got the opinion from John Yoo.
and it would be nice wouldn’t it, if some elected person, on the side of working people,
would fight this dirty.
No, more likely the judge enjoined the wrong party by issuing the TRO against the secretary of state rather than the Legislative Reference Bureau. You would think a judge would know which party actually publishes statutes.
A loophole? Perhaps, but legal nonetheless under the language of the TRO. You can expect the democrats to quickly demand that the scope of the TRO be widened to include pretty much everyone and everything in the state.
http://host.madison.com/wsj/news/local/govt-and-politics/article_f22629e6-572a-11e0-ab2f-001cc4c002e0.html The judge knew what she was doing.This is an end-around attempt by Walker
Constitution requires publication, but doesn’t say by whom. Statute directs the Secretary of State to publish within 10 days. Secretary of State sent directive to Leg. Ref. Bureau as required, using the full 10 days he was allowed. He rescinded the directive after the court’s action. Also, the judge’s closing remarks appeared to make her intent to prevent the law from taking effect clear.
I’m not sure there is a historical precedent for the Republicans’ action, so I don’t think it’s fair to expect the judge to have expected it.
It’s complicated, but the election for supreme court justice looms large.
“Umm, is it possible there will be arrests over this? I mean surely this not only violates the restraining order but negates the separation of powers. Doesn’t it?”
No, not at all. This wasn’t even done by the same branch of government that had the restraining order – this was done by the Legislative branch of government while the restraining order was for within the Executive branch…specifically the Secretary of State in particular:
http://danedocs.countyofdane.com/webdocs/pdf/court/order_granting_TRO.pdf
Unless you’re the Secretary of State of Wisconsin, you could post the legislation on FDL or whatever you wanted without fear of arrest.
Sure is, and it’s all predicated on the wording of the judge’s TRO; the LRB wasn’t mentioned and they felt they were obeying state statute by publishing. No laws were broken. The sec of state had already set the publication date before the TRO was issued so in effect it was moot when the judge issued it.
But like I said, the democrats are probably at this very moment demanding the scope of the TRO be widened, and the judge will more than likely do this considering she issued the original stop in the first place.
Update: Case is going directly to the Supreme Ct. ahead of the election.
http://www.jsonline.com/newswatch/118594454.html
Violating a restraining order has legal consequences, yes?
Lol! I guess it goes without saying, probably should have included the LRB in the restraining order.
Oh, and also should have known that the bill itself could pass with or without the fleebaggers.
Amateur hour.
I should have said the “judge thought she knew what she was doing” cases like these make our justice system contemptible.
Yes, just as not seeking the right parties to be restrained.
George W Bush, Dickless Cheney, John Yoo, Obama, along with many others all chimed in together to answer your question:
“There is no such thing as legal consequences for us elites. Legal consequences are only for the lesser people.”
There’s justice and there’s “just us”
Michigan Gov. Rick Snyder will sign bill that reduces jobless benefits LINK.
Whatever that means
But the Neocons got a lackey in the justice department to concoct a constitution busting legal opinion. Walker is simply ignoring the law.
You do understand that when a judge issues a restraining order that it doesn’t automatically apply to everything in the US or for that matter the state where the judge is in? Like you will not suffer legal consequences if you were to post all or part of the act because you’re not named in the restraining order. The same also goes for newspapers in Wisconsin, which they would not suffer legal consequences if they wrote articles citing the act – or if they wanted to post the whole act in an article – because they’re not named in the restraining order either. The Democrats in the legislature also have every right if they wanted to send their constituents a copy of the bill to show them what they are opposing – they would not be in contempt of court for showing the bill that they’re fighting. Just like with you on the internet, newspapers in Wisconsin and Democrats in the Wisconsin legislature, the LRB wasn’t named in the TRO.
This what the LRB cites:
https://docs.legis.wisconsin.gov/statutes/statutes/35/I/095/3/a?up=1
And this is a copy of the TRO:
http://danedocs.countyofdane.com/webdocs/pdf/court/order_granting_TRO.pdf
You miss the point.
35.095(3)(b) The secretary of state shall designate a date of publication for each act and every portion of an act which is enacted by the legislature over the governor’s partial veto. The date of publication may not be more than 10 working days after the date of enactment.
The secretary of state withdrew the designation under court order.
There is no question that the legislative reference bureau is not in contempt. The question, in light of the judge’s action, is whether the LRB’s action is publication in the sense that the law can be implemented. Publishing the law on Wiki-leaks would not give the governor the authority to implement it.
My guess is that the judge will be happy to let the WI supreme court step in.
Sounds rather fishy. If that is the case, then the restraining order has no value.
If this does become a question of whether or not what the LRB resulted in the act being legally “published,” I think a great deal more would have to be known of the establishment of the LRB itself. In the statute itself, it’s not clear what the relationship is in regards to the LRB status as a publisher in relation to the Secretary of State. I say this because 35.095(1)(b) seems to class with 35.095(3)(a) and 35.095(3)(b). In the “Definitions” section it sounds like the Sec of State has the sole authority for establishing publication, but in the “Publication” section it sounds like the Sec of State is the one who can act first but the LRB has to act within 10 days. What the legislature might have meant with these rules is that the Sec of State has sole authority for establishing legal “publication” but whether legal publication happened or not the acts have to be printed or alternatively the legislature could have meant that the LRB was a secondary publisher.
“You miss the point”
Why would you say that about me? My post was meant to be informative by going to the source of what was actually discussed…namely the TRO and the law the LRB was citing. I made no comment, but purely cited source docs, so there was no point for me to miss.
“The secretary of state withdrew the designation under court order”
Yes and I raise substantive issues in my follow-up post (#55).
Wasn’t trying to offend. Putting your #51 and #52 (very useful) posts together, it sounded to me as though you thought people were arguing that publishing the words could cause someone to be in contempt. You describe, accurately, the right of people, newspapers etc. to publish the words.
I think people are trying to find out whether the governor can implement the law.
Courts: still useful for locking up potheads.
Karl Marx must be smiling. While communism as practiced has failed miserably, unrestrained capitalism is also failing, just as Marx predicted.
only works as long as we keep giving them our money and power to create their elitist world. Been doing it now for thousands of years. How long old fat guy do you think we will continue to let it go on? me says forever, because we are too dumb or too scared to face the truth.
I grow up spending time on my families farm. And watched with shock and awe how the animals year after year would enter the same building where they were killed. I remember my uncle gathering us on locations as some cattle would try to break from the path to their death. Our job, simple, beat them back. The few that broke from the docile majority had no chance against us, had they all charged it would have been a different story, but that never happened. Speaks volumes about the heard mentality and us. Today on farms we no longer have to man the route to their death, because it is all controlled from the minute they are born. The few that might want to rebel have nowhere to run to.
Old fat guy hope you are happy. maybe you are awake now but you have with your blood sweat tears (work) have toiled for this corrupt system and helped support it. and we are now being herded into fewer and fewer options
“Wisconsin Republicans said on Friday a measure stripping state public employees of most collective bargaining rights was now in effect after it was published by a legislative agency despite a judge’s order against publication.”
LINK.
Why is this a surprise? Ever since Bush v. Gore, the Supreme Court has been a fully-owned subsidiary of the conservative right-wing. This is just a tacit acknowledgement that the state courts are nothing more than Republican lap dogs, too.
It will be hard to keep from falling down laughing when the Repubs talk about respecting the law from now on.
Hey Fitzgerald wipe your mouth and face I think you have some Walker on it!!!!
There is always vigilantism.
*MODNOTE: Lets avoid the slippery slope of fantasy violence*
The protesters in Wisconsin though they are energized and doing the right thing are not aggressive enough. They should not wait one year to recall Walker. They should demand that he resign NOW — as in this very minute. If the Republicans and the right-wing are going to ignore the law and if the government is going to prosecute middle class lawbreakers while allowing wealthy lawbreakers to escape prosecution, then those laws are illegitimate and should not be followed. (Note to mods: I am NOT advocating violence. I draw the line there.)
Realize that this is total warfare. There are no rules anymore. Why should the left and the progressives handicap their advocacy and their causes by following b******t laws and abiding by the protocol of b******t illegitimate institutions that enact those laws when those laws are only enforced against the poor and middle class? And about Taft-Hartley — screw that law! Just break that law and let’s go on a nationwide general strike.
sic semper tyrannis
“There is always vigilantism.
*MODNOTE: Lets avoid the slippery slope of fantasy violence*”
You know, when I first read the modnote above it really pissed me off. This whole situation with the modern republican big-business fascists grabbing everything as fast as they can has resulting in a situation that I believe will, if unchecked, result in a national upheaval of the working class, and most likely even injury or death to people on both sides of the issue. We’ve seen this played out many times not only on the world stage but also right here in the good ol’ US of A.
After an hour of wine-soaked thought, I’m coming back to this thread to thank the moderator for commenting on, but not deleting, the post at the beginning of my rambling. While I don’t neccesarily agree that we’re actually talking about “fantasy” violence in this time of working people and organized labor being backed against the wall, I do appreciate the fact that this website allows this discourse without edit. Good on you!
Well, off to bed…Our “highly esteemed” governor, Scott Walker, will be appearing at a local hotel early this morning to no doubt crow about his success in breaking the working man, and I want to be there to protest his “accomplishment” – then off to Madison with the family for the afternoon, and a shot of Redbreast in the Irish pub on Capitol Square now and again through the afternoon…strictly to treat the athritis that flares up a bit from all the walking, nothing more, maybe a FIBS sandwich if they’re open. Look for me in Madison, I’ve got a white “I Support the Union” button that I wear on my jacket…introduce yourself as an FDL reader and perhaps we can have a solidarity drink together.
Carry on liberals and progressives…Fight the good fight. Our future, and the future of those who follow, depends on your involvement.
Wow, publishing and implementing the law in defiance of a court order: now they are up for contempt of court charges, plus they have raised a federal question due to this being certain violation of due process and equal protection.
Interesting elephant in the room.
The quorum law was intended to apply to situations of illness, natural disaster, etc. Running out of state to prevent votes, I am certain, we very likely never mentioned in the legislative history of the that law.
So, a process that began with a low life tactic, maybe ends with one.
If you don’t agree, then look at it this way; what would you have thought, if a quorum law existed in the US Congress (maybe it does), if the GOP left to Bermuda to prevent financial reform or Health Care Reform, or lets say back in the day, Social Security from passing?
Yeah, that’s right, you’d think it was a low down dirty trick. Which it would have been, and is. The Dems just got a little back of what they commonly do.
I agree that the protests have failed. The time for a general strike is over, and I doubt the recall movement will succeed. It’s a class war and people should treat it as so.
Well with the countless GOP “secret holds,” put on Democratic legislation passed by the formerly blue US Congress and the other GOP “secret holds” put on approval of POTUS judicial and other appointments, the GOP had their very own low life tactic for obstruction of nearly anything Democratically propositioned and to their dismay, I’d opine, didn’t need to leave for Bermuda, where the country club life would have pleased them immensely.
Selective memory can really bite, sometimes.
Walker Sued by Wisconsin Unions as Law ‘Published’ in Defiance of Court LINK.
Emergency Hearing on the 29th.
Unusual article from McClatchy.
Commentary: U.S. protests over wars, collective bargaining die down LINK.
Heh! No kidding.
Protests in London.
We live in a nation wherein the government routinely violates laws. Why did you dismiss this news?
Who did?
According to this, there are enough signatures for Hopper’s recall (he’s the one who moved in with a 25-yo, leaving his wife and district in the process).
One Down 7 to go – Hopper up for Recall LINK.