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Scott Walker KILLS His Wisconsin UNION BUSTING BILL By Publishing It

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Segami Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:30 PM
Original message
Scott Walker KILLS His Wisconsin UNION BUSTING BILL By Publishing It



:smoke: :smoke:



..." By attempting to go around the judge’s order, the Republicans violate the spirit of her ruling if not the letter of it. In any case, this won’t be the Wisconsin Republicans first run at violating the law in order to push their anti-union measure through.



It’s obvious from recent events, including the Wisconsin Republicans attempting to intimidate a Professor who wrote a critical article about their actions for the New York Times by demanding his emails through the Wisconsin Open Records law, that the Republicans are desperate. Apparently they are so desperate that they are no longer trying to hide their agenda under the guise of a budget issue, let alone pretend what they are doing is legal.



But what the Wisconsin Republicans have really done by publishing the anti-union bill is kill their own legislation. By publishing the bill, the Republicans have made it easier to fight in court, because it is now law and hence, can now be permanently overturned.



The Wisconsin State Journal reported:


By doing so, Pines said, the bureau made moot the actions currently before the state Supreme Court and the state Court of Appeals. He said that would actually simplify the case that District Attorney Ismael Ozanne has to make on the alleged open meetings violation by a legislative conference committee, now that he doesn’t have to worry about whether a judge has the authority to stop legislation before it takes effect.


cont'

http://www.politicususa.com/en/scott-walker-kills-wisconsin-bill



.
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CaliforniaPeggy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:35 PM
Response to Original message
1. They really ARE stupid, aren't they?
I wonder if they really even considered this angle...

Recommended.

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Segami Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:51 PM
Response to Reply #1
6. Stupid is their middle name! Its amazing that so many republicans carry the same middle name.
Wisconsin State Journal:


"..The irony here is that they didn’t kill their bill by passing it without the necessary quorum, violating state Open Meeting laws or publishing it in violation of a judge’s order; they killed it with their own hubris. Now that it’s published, it is much easier to have it stopped permanently. It can and will be fought on all of the above grounds as well as countless others — amounting to a “tsunami of legislation” against the anti-union law. :applause:


:rofl: :rofl: :rofl:


.
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Kalun D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:34 AM
Response to Reply #1
16. ""They really ARE stupid, aren't they?""
LOLZ!!

the close set beady eyes, the small brain case

just like the bush boy

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kysrsoze Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 01:00 AM
Response to Reply #1
19. Well, that's why they're Republican. They have this skewed view of reality and NO critical thought
Edited on Sat Mar-26-11 01:02 AM by kysrsoze
And they have no sense of history.
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:38 PM
Response to Original message
2. Scott Walker bankrupts WI by causing multiple lawsuits thus leaving the
State to the mercy of the Koch Bros.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:47 PM
Response to Reply #2
5. Could that be the real plan?
Nah, couldn't be.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:06 AM
Response to Reply #5
12. I just recalled SLAPP suits and a chill went down my spine
That may be exactly what's going on.
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 09:18 AM
Response to Reply #12
26. GOP think tank works on multiple levels of outcomes when attacking.
Here is what is going to happen next. Walker will sign off on contracts to Kochs thus placing WI in a financial bind impossible to get out of. This must be stopped. WI people should be so outraged at what is going on that they demand he step down now. The need to find a way to out him now.
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murielm99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:41 PM
Response to Original message
3. They can argue it this way if they like, but
they violated the law. The Secretary of State has to publish it, and he dutifully obeyed the TRO. It is NOT law unless the Secretary of State publishes it.

The judge who issued the TRO should be fighting mad. I hope she is looking for some repubs to fine and put in jail. They violated a court order. That is walking into a buzz saw. Judges do not like being disrespected.
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BillyJack Donating Member (653 posts) Send PM | Profile | Ignore Sat Mar-26-11 12:00 AM
Response to Reply #3
8. What is 'TRO'? n/t
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Segami Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:04 AM
Response to Reply #8
10. Temporary Restraining Order
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 06:11 AM
Response to Reply #10
22. Which can be converted into a permanent injunction.
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pacalo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:06 AM
Response to Reply #3
11. The very arrogant Scott Walker insists that it *is* law since it's been published...
(...not that I agree. Just pointing out how extremely misguided these belligerant lawmakers are about legal matters.)

The law has not been printed in the Wisconsin State Journal, the official state newspaper, as other laws are. Late Friday, State Journal publisher Bill Johnston said in an email that the notice for the law had been scheduled to run but had been canceled. He did not elaborate.

Senate Majority Leader Scott Fitzgerald (R-Juneau) claimed it didn't matter that it hasn't appeared in the paper.

"It's published," Fitzgerald said. "It's law. That's what I contend."
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:42 PM
Response to Original message
4. La Follette sent a letter to the referencing bureau ordering the bill to NOT be published

SNIP

After the restraining order was issued on March 18, La Follette sent a letter that same day to the reference bureau rescinding earlier instructions to publish the bill on Friday. "I further instruct you to remove all reference to March 25, 2011, as the publication date and not to proceed with publication until I contact you with a new publication date," his letter said.

http://videocafe.crooksandliars.com/heather/wi-republicans-publish-collective-bargaini

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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:19 AM
Response to Reply #4
14. Walkers gang likes to use half truths....
Senate Majority Leader Scott Fitzgerald (R-Juneau) claimed it didn't matter that it hasn't appeared in the paper.

"It's published," Fitzgerald said. "It's law. That's what I contend."

Fitzgerald and Miller met Friday. Miller said Fitzgerald asked him to publish the law and, after reading the statutes, Miller agreed that he could do so. He said he has never had something similar happen with the publication of a law during his 12 years running the reference bureau.

I wonder how a restraining order to block the publishing of this law gets a pass via Miller? I look forward to his explanation in court....
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 11:56 PM
Response to Original message
7. Mr. Pines, I hope you have this correct.... And if this is the case....
Is the law considered active until the D.A. is able to prosecute?
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Segami Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:02 AM
Response to Reply #7
9. .
Edited on Sat Mar-26-11 12:05 AM by Segami
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The Second Stone Donating Member (603 posts) Send PM | Profile | Ignore Sat Mar-26-11 12:08 AM
Response to Original message
13. The fight is red meat to their base
Suppose Obama had done all this crap with the public option? It would be red meat for us, but it would alienate the rest of the country. The Republicans don't care about alienating the middle, they want to be pure to their base and get their cushy lobby jobs after they leave the legislature.
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:28 AM
Response to Original message
15. What was the date the judge set for the next hearing? n/t
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murielm99 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 12:37 AM
Response to Reply #15
17. Notice that this was done on a Friday.
It could delay things a bit, with a weekend coming up.

I don't know the date. But surely the judge has to make some sort of statement on Monday. She cannot allow her authority to be flouted in that way. No self-respecting judge can do that.
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murielm99 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 01:00 AM
Response to Reply #15
18. There is a hearing set for Tuesday. n/t
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 01:04 AM
Response to Reply #18
20. Thanks for the info :) n/t
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 01:12 AM
Response to Original message
21. MORE INFO !!! Looks like the JUDGE will win this one!
Edited on Sat Mar-26-11 01:13 AM by Tx4obama

SNIP

Most of the debate has been over who's right on this issue of who can pull the trigger, as it were, to make a law go into effect. (See our report for the details of the dispute.) But as we note in our story, the actual transcript of the judge's ruling seems much broader than that.

A transcript of the judge's ruling reads: "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10. The next step in implementation of that law would be the publication of that law by the secretary of state. He is restrained and enjoined from such publication until further order of this court."

I want to be clear that not only am I not an expert on Wisconsin state law but that each of these controversies seems to move the state further into uncharted legal and even constitutional territory. So every judgment must be tentative. But a plain reading of the judge's order suggests a very broad injunction. Not only did she bar the specific modality of implementation. She seemed to enjoin any steps to put the law into effect. "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10." And if that's the case, all these technical questions on who can 'publish' the law seem moot.

SNIP

http://www.talkingpointsmemo.com/archives/2011/03/a_bit_more_detail.php#more?ref=fpblg



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DainBramaged Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 06:19 AM
Response to Original message
23. Bullies
that's all they know, their way or the highway. This time it bites them in the ass. It also makes impeaching these fucks easier.
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tomp Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 07:19 AM
Response to Original message
24. i would wait until the court hearing next week....
....before deciding this is now law. if it was published against a restraining order, the "law" could consider that as good as not being published. i think someone is in contempt of court here and i expect this is in no way a done deal.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 08:49 AM
Response to Original message
25. It's a nice thought, but I wouldn't be doing too much dancing
until I know it is our tune that is being played. Premature celebration can end up being a big bummer.
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 05:50 PM
Response to Original message
27. K&R
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 11:09 PM
Response to Original message
28. History worries me sick, it tells me we're not winning.
Edited on Sat Mar-26-11 11:18 PM by freshwest
Lawful process means nothing to Walker, his guard and his legislature. They are acting fast as tyrants always do, like a bull in a china shop, destroying generations of relationships.

Even with a recall action on him, which will still take many months, he can lay people off, give their jobs to private firms and sell off everything in the state. His legislature will rubber stamp it. His agents will enforce their changes to law.

Then what will be left to restore?

The law has not stopped one single thing these thugs have done. All sorts of orders have been issued since the Capitol there was occupied lawfully, then the people were removed. The thugs got their way in everything, despite the bad press from our side.

The 14 came back and I saw video where one screamed at a GOPig that what they'd done was illegal! The pig ignored the democrat yelling in his face. Then the GOP walked away, leaving the outraged representatives, and nothing changed.

Court orders must have someone to carry them out, by armed force is necessary. They might require police or other means, and it appears they support Walker against the people. It looks just like the beginning of the third reich there, when those who believed in the rule of law were run over by those who believed in might makes right, like these Rethugs.

Some people say the GOP and Walker were elected, that the union and public workers are sore losers, even here on DU. They say since the GOP had majority, it's all 'legal.'

The law has been neutered, then subverted by other fascists. Gosh, I'm so bummed, someone tell me I'm all wrong.

:cry: :cry: :cry:
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