We’re starting to get an outline of how Wisconsin Republicans will proceed on their anti-union bill stripping most collective bargaining rights for public employees. The version they passed back in March is tied up in court, due to procedural missteps. Republicans have so far pronounced themselves innocent of the charges – but they could end that court action by simply passing the bill in the proper manner. And now, they’re setting the parameters to do that.
Republican legislative leaders said Wednesday that if the courts have not ruled on the legality of the collective bargaining bill passed earlier this year by early June, it will be added into the state budget by the Joint Finance Committee.
Senate Majority Leader Scott Fitzgerald and Speaker Jeff Fitzgerald both told The Associated Press that it would make the most sense for the committee to add the language into the budget before it comes up for debate before the full Legislature.
However, both Fitzgeralds are hoping the courts rule that the bill passed in March is legal and can take effect so further legislative action isn’t necessary. The state Supreme Court has been asked to take the case, but it has not said if it will. Two lawsuits are pending in circuit court.
Gov. Scott Walker supports putting the issue in the budget if the courts haven’t ruled by the time that comes to the Legislature for a vote.
Since this article came out, the state Supreme Court ordered oral arguments for June 6 on the case in Dane County court about the anti-union bill. That case, presided over by Judge Maryann Sumi, has to do with alleged violations of Wisconsin open meetings laws in passing the bill. The oral arguments will concern whether the Supreme Court should take over jurisdiction of the case. The state Supreme Court in Wisconsin has a 4-3 majority for Republicans.
This means that the Supreme Court wouldn’t take over the case until early June at the very earliest, which coincides with FitzWalker’s drop-dead date for holding off on simply placing the anti-union provisions into the budget. FitzWalker believes that they cannot balance their budget without the savings from health care and pension contributions in the bill.
I’m trying to figure out how this doesn’t pose the exact same problem for Republicans that it did when they stuck the anti-union provisions in the budget repair bill. Because of the fiscal nature of the bill, they require a quorum. So if they tried this with the budget, Democrats could leave the state again. And there would be something of a deadline – on July 12, the recall elections in nine Senate districts will take place. Democrats could hold the Senate after that, rendering passage of the anti-union provisions impossible.
However, this carries risks for a few Senate Democrats who are on the ballot in these recalls. Would they really stay out of state the last month before an election? It’s unlikely. With the pickup of a state Assembly seat, Democrats in THAT chamber could walk out this time. However, at least one Assembly Democrat, Jennifer Shilling, is running in the recall election – she’s taking on Dan Kapanke – and she would have to stay out of state. So there are electoral complications as well as electoral benefits.
And, Republicans could do what they did before – split the anti-union provisions out from the main budget bill, and pass the “non-fiscal” measure, after giving a proper meeting with 24 hours notice for the Senate/Assembly conference committee. But there is still an open question as to whether the bill that was passed, with it’s health care and pension contribution changes, is truly non-fiscal. In fact, there’s a pending court case to that effect, which says that the bill would still need a quorum requirement that it did not get when Republicans in the Senate passed it all alone. AND, there are questions about the pension changes in municipal jurisdictions violating home rule provisions. So there would be OTHER court challenges to the bill even if they passed it properly under open meetings rules. And the potential exists for an injunction there.
Simply put, there are a lot of balls up in the air.




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The state Democrats would be smart just to stay put and let the Regressives have their vote. Since the recall elections are probably going to happen in July, another anti union vote in June can only be good news for Wisconsin Democrats. Then they can work to undo the damage.
At least that’s my theory.
This is a fun quiz by Pew. I scored “Solid Liberal”, (what a surprise)
It said I was a “Godless, heathen socialist”, whatever that means.
Thanks for the update, David. I tend to agree with Margaret.
He he!
According to my Swedish friends, there are a bunch of benefits to being a “Godless, heathen socialist.”
“A few years ago, an American acquaintance of mine who lives in Sweden told me that he and his Swedish wife were in New York City and, quite by chance, ended up sharing a limousine to the theatre district with then-U.S. Senator John Breaux from Louisiana and his wife. Breaux, a conservative, anti-tax Democrat, asked my acquaintance about Sweden and swaggeringly commented about ‘all those taxes the Swedes pay,’ to which this American replied, ‘The problem with Americans and their taxes is that we get nothing for them.’ He then went on to tell Breaux about the comprehensive level of services and benefits that Swedes receive in return for their taxes. ‘If Americans knew what Swedes receive for their taxes, we would probably riot,” he told the senator. The rest of the ride to the theater district was unsurprisingly quiet.”
(excerpt from “Will Sweden Kill Assange?” (by David Swanson, Mar. 2, 2011)
“Study: Most Americans Want Wealth Distribution Similar to Sweden” (Apr. 24, 2011)
LMAO!
It said I was a “Godless, heathen socialist”, whatever that means.
damn. That’s what I was shooting for.
I need more questions.
Thanks for the poll. I like that 57% of the “solid liberals” (I’m that) are FEMALE. Yeah!
Interesting.
I came up as ‘Disaffected’
I also don’t agree that Democrats should allow the destruction of collective bargainin to pass in the hopes they may be able to reverse it in the coming years (and it would probably take years).
I think they can leave the state again until after July 12th and still pick up at least 3 senate seats.
Thanks for the test. I won’t say where I scored, but I will say that there wasn’t any category beyond where I was placed. I was shocked, SHOCKED at my result.
Well I am 14%ter, Solid Liberal however I prefer Socialist.
I no longer listen to NPR, no longer watch The Daily Show and only read the parts of the NYT that Marion offers every morning. I am an Agnostic, first generation American, still hold an Irish passport andgrow most of my own food.
I agree with Margaret, let them have their damn vote and suffer the consequences.
Before the dims leave the state again, I think that they need to get a good reading on how the electoral mood is trending. The court cases may be in their favor and the attempt to strip the power from the unions may not exist.
The test said I was an anarcho-syndicalist Wobbly.
I agree with your #1.
Well, after all, the Republicans have to pay off for the bribes they received from billionaires, before they’re recalled by the voters.
What? You expected ‘em to pass clean air and water bills before they got their asses kicked out of office?
“Simply put, there are a lot of balls up in the air.”
http://www.youtube.com/watch?v=7YUuyzQDmjY
The article is kind of confusing or confused. An Assembly member is running for a Senate seat in the recall. She’s currently in the Assembly, yet the article implies she would have to stay out of the state for the last month before the election. Why? She’s in the Assembly, not the Senate. There are some Democratic Senators who would have to do so. But why the Assembly member Shilling would have to do so isn’t clarified and it makes no sense.
Second, it isn’t even clear that any of them has to leave the State of Wisconsin according to State law. Nobody has pointed out what law they are breaking by simply not showing up in the Senate. Of course, this means they might run for office while they are refusing to go to the Senate chambers to be forced to vote on a budget that includes the union busting language.
But would that be a positive or a negative? Depends on which side you’re on. I think the Democrats might actually have an edge if that happens and if the demonstrations start up again. Polls show large support for the unions in Wisconsin. Presumably these people would vote.