Tuesday, March 29, 2011

Wisconsin Judge Orders 'No Further Implementation' of Budget Law

The judge ordered "no further implementation", just about the same thing the judge ruled about obamacare. Hmmm, the obama administration decided to ignore the judge and continue forcing obamacare on us anyway. At least in the Wisconsin case, the law in question will actually be of benefit to the State and the non-public union citizens. And actually, the public union members still won't have to contribute as much to their health care and retirement as their non-union counterparts, so they still come out pretty good too.

Unfortunantly for our entire Country, the further implementation of obamacare will affect all of us in a negative way...

By Mike Tobin - FoxNews

A Wisconsin judge on Tuesday ordered "no further implementation" of the Gov. Scott Walker's budget repair bill that limits collective bargaining rights.

Dane County Circuit Judge Maryann Sumi said that her earlier restraining order saying the law shouldn't be enacted had either been ignored or misinterpreted.

Sumi stopped short of saying the law was not already in effect. She said she will take more testimony on that issue.

The Legislative Reference Bureau posted the law on a legislative website Friday, leading Walker's administration to declare the law was in effect.

Sumi revised her original March temporary restraining order blocking the secretary of state from publishing the law, which is typically the last step before it becomes effective.

Sumi's ruling delivers a setback to Walker and his administration while Democrats rejoiced.

Earlier Tuesday, debate raged from Wisconsin state Supreme Court justices to law professors, on whether Walker is law and is in effect.

It states the obvious to say Wisconsin is now a big convoluted, partisan mess, but it is. Here is the skinny on what is happening: Dane County District Attorney Ismael Ozanne, who is a Democrat, and Assembly Minority Leader Pete Barca, also a Democrat, filed a court challenge to the budget relief bill. The challenge argues that Wisconsin Republicans violated the open meetings laws but since that has not entered into the argument, set that aside for the moment.

As the open meetings suit was pending, Circuit Court Judge Maryann Sumi issued a temporary restraining order that prevented Secretary of State Ken LaFollete from publishing the law, now known as Act 10. Publication of the law is the last step to putting a bill into effect, and Democrats argue that the law is not in effect until LaFollete issues the publication.

However, another outlet can publish the law: the Legislative Review Board. That is exactly what it did last Friday, leaving Wisconsin Republicans to argue that the law is in effect. The Department of Administration has even begun implementing the part of the law where deductions for health care and pensions are made from the paychecks of state employees.

Sumi ordered a hearing Tuesday morning to decide if LaFollete should be enjoined from publication until the open meetings case is decided. But if the law is already in effect, the injunction is moot. So the focus of the hearing was changed to answer the question of whether the law is in effect.

Read the rest at the link above...