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Old 06-15-2011, 03:31 PM
 
Location: Chicagoland
41,325 posts, read 44,950,814 times
Reputation: 7118

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Quote:
Originally Posted by ozzie679 View Post
Here we go again...

Judge strikes down Walker's collective bargaining law

A judge has struck down Gov. Scott Walker's controversial new collective bargaining law.

Dane County Judge MaryAnn Sumi issued a permanent injunction against the law Thursday morning. This means the law is effectively dead until the Wisconsin Supreme Court acts on the law.

Sumi's decision said there was "clear and convincing evidence" that Republicans who control the Legislature violated the state's open meetings laws. And she said that means the law is void.
Quote:
Originally Posted by Smash255 View Post
The open meetings law seems very much black and white, it was clear from the start that that law was violated. BTW, she was appointed by former Republican Governor Tommy Thompson.
Quote:
Originally Posted by TempesT68 View Post
Nailed it. Walker and the right clearly violated the state's constitution when they forced though the bill and it was correctly shot down.
Clearly NOT. Seems the one who violated her oath and jurisdiction was the liberal judge who got hammered by the SC.
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Old 06-15-2011, 03:45 PM
 
42,732 posts, read 29,884,155 times
Reputation: 14345
Quote:
Originally Posted by sanrene View Post
Clearly NOT. Seems the one who violated her oath and jurisdiction was the liberal judge who got hammered by the SC.
Hammered?

Sumi asserted that the legislature didn't abide by the law because they didn't give enough public notice before the law went to a vote. The Wisconsin Supreme Court disagreed with her. That's not being "hammered". That's due process of the law. The law isn't always clear, so we have a system where laws and judges' interpretations of those laws are subject to review. Judges don't always agree, which is one of the reasons appeals are handled by panels of judges, so that rather than one judge's interpretation carrying the day, a consensus of judges' interpretations carries the day.
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Old 06-15-2011, 03:47 PM
 
Location: Chicagoland
41,325 posts, read 44,950,814 times
Reputation: 7118
Quote:
Originally Posted by DC at the Ridge View Post
Hammered?

Sumi asserted that the legislature didn't abide by the law because they didn't give enough public notice before the law went to a vote. The Wisconsin Supreme Court disagreed with her. That's not being "hammered". That's due process of the law. The law isn't always clear, so we have a system where laws and judges' interpretations of those laws are subject to review. Judges don't always agree, which is one of the reasons appeals are handled by panels of judges, so that rather than one judge's interpretation carrying the day, a consensus of judges' interpretations carries the day.
Normally, the SC would remand the case back to the circuit judge..but NOT in this case.

She erred so grotesquely in her arguments, they had little choice but to void her complete ruling and NOT give her a second bite at the apple, for delay purposes only.
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Old 06-15-2011, 04:01 PM
 
42,732 posts, read 29,884,155 times
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Quote:
Originally Posted by sanrene View Post
Normally, the SC would remand the case back to the circuit judge..but NOT in this case.

She erred so grotesquely in her arguments, they had little choice but to void her complete ruling and NOT give her a second bite at the apple, for delay purposes only.
Sometimes the case is remanded, and sometimes it isn't. Again, if you are going to take this tack that she was "hammered", that the Wisconsin Supreme Court that "she erred grotesquely", then cite things in their opinion, their 61-page opinion, that support your assertion. She was overruled by judges whose opinion of the law differed from hers. That's the legal process, and not a referendum on her competence. The world is NOT a contest between liberals and conservatives, and keeping score is just immature, imo.
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Old 06-15-2011, 04:05 PM
 
22,768 posts, read 30,733,597 times
Reputation: 14745
Quote:
Originally Posted by DC at the Ridge View Post
Hammered?

Sumi asserted that the legislature didn't abide by the law because they didn't give enough public notice before the law went to a vote. The Wisconsin Supreme Court disagreed with her. That's not being "hammered". That's due process of the law. The law isn't always clear, so we have a system where laws and judges' interpretations of those laws are subject to review. Judges don't always agree, which is one of the reasons appeals are handled by panels of judges, so that rather than one judge's interpretation carrying the day, a consensus of judges' interpretations carries the day.


Frontsheet

directly from the ruling, on the first page:

"This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature."

that is a hammering, accusing her of judicial activism, and she deserved it.
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Old 06-15-2011, 04:07 PM
 
Location: Chicagoland
41,325 posts, read 44,950,814 times
Reputation: 7118
Quote:
Originally Posted by le roi View Post
Frontsheet

directly from the ruling, on the first page:

"This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature."

that is a hammering, and she deserved it.
Yeah, thanks.

I'm thinking some didn't actually read what the judges wrote.
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Old 06-15-2011, 04:13 PM
 
42,732 posts, read 29,884,155 times
Reputation: 14345
Quote:
Originally Posted by le roi View Post
Frontsheet

directly from the ruling, on the first page:

"This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature."

that is a hammering, accusing her of judicial activism, and she deserved it.
I disagree. The point of law in this specific is whether the court can enjoin a law from being published. The appellate justices felt that because she prevented the law from being published and therefore enacted, she overstepped her bounds. But that's not "hammering". Sumi's actions rested on her opinion of whether adequate public notice had been given. That was the key question.
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Old 06-15-2011, 04:23 PM
 
22,768 posts, read 30,733,597 times
Reputation: 14745
Quote:
Originally Posted by DC at the Ridge View Post
I disagree. The point of law in this specific is whether the court can enjoin a law from being published.
that's not a disagreement. that's just saying the same thing i said, using different words.
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Old 06-15-2011, 04:35 PM
 
48,502 posts, read 96,867,563 times
Reputation: 18304
Its headed to the supreme court in time. That could be some time off with their docket.
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Old 06-15-2011, 04:39 PM
 
59,053 posts, read 27,318,346 times
Reputation: 14285
Quote:
Originally Posted by GregW View Post
From my point of view I am never going to have more wealth than a limited pension so I would like to see the country much more socialist. We need a system where everybody has food, shelter, medical care and education before anyone gets or remains wealthy. If anyone has to work everyone has to work.

We do not need another FDR that worked very hard to keep the aristocracy safe during the depression but a Huey Long that tried to spread the prosperity in Louisiana before he was assassinated. We do not need either fascism or communism but we do need a representative socialism that allows people to be free to live without coercion.
So, you didn't plan enough for your retirement and you want the rest of the working Americans to pay for you.

Huey Long? Now there was one of the most corrupt politicians ever.
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