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Wisc. Judge strikes down Law crippling public unions...


TheMadCap

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A Wisconsin judge declares Walker's controversial collective bargaining law is unconstitutional

 

It was not clear if the ruling means the law is immediately suspended. The law took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

 

Dane County Circuit Judge Juan Colas ruled that the law violates both the state and U.S. Constitution and is null and void. The ruling comes after a lawsuit brought by the Madison teachers union and a union for Milwaukee city employees.

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LOL.........again ?

 

They were overturned before, they will be again......

 

 

First it was Dane County Judge Sumi who interjected herself into the legislative process by striking down the collective bargaining reform law, only to be overturned by the State Supreme Court which rejected challenges to the process used to pass it

 

Now a different Dane County judge has struck the law down again, this time on the ground that state employees have a constitutional right to collectively bargain, and has reinstated the law as if the legislature never passed the reforms.

 

{snip}

 

Walker vowed to fight on, again via JSOnline:

In a statement, Walker criticized Colas and said that
he was confident that the state would ultimately win on an appeal.

 

“T
he people of Wisconsin clearly spoke on June 5th. Now, they are ready to move on. Sadly, a liberal activist judge in Dane County wants to go backward and take away the lawmaking responsibilities of the Legislature and the governor,”
Walker said in a statement.

 

http://legalinsurrection.com/2012/09/its-never-really-over-in-wisconsin-is-it-dane-county-judge-throws-out-collective-bargaining-reform-law/

 

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LOL.........again ?

 

They were overturned before, they will be again......

 

 

 

 

http://legalinsurrec...ing-reform-law/

 

.

 

 

I think my favorite part is where the AFL/CIO claims that a legislative action altering future contracts is unconstitutional, even though when an executive action disregarding current contracts was completely permissible when it benefited them.

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The decision’s here. The court concedes that there’s no constitutional right to collective bargaining; the argument is that the state discriminated against union employees, which makes it an equal protection issue. Typically in equal-protection jurisprudence, governments are given wide latitude in economic matters; go figure that Wisconsin wasn’t given that latitude here.

 

But then, the legal reasoning isn’t important. The point of the ruling is to snatch victory on collective bargaining for the left from the jaws of defeat after defeat after defeat.

 

Maybe that’s how union rights will be handled from now on — as with abortion rights, they’ll be yanked out of the hands of voters and kept safe from the grubby hands of democracy.

 

A savvy move. And in the spirit of fire-with-fire, I guess it’s now time for more conservative judges to start thinking seriously about revisiting Lochner.

 

Long live rule by judiciary!

http://hotair.com/archives/2012/09/14/wisconsin-judge-strikes-down-walkers-collective-bargaining-law/

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  • 4 months later...

The Wisconsin Attorney General issued the following statement:

Regarding the decision, Attorney General J.B. Van Hollen stated: “For nearly two years, those opposing Act 10 have tried every angle to have it struck down and invalidated. Today’s decision by the Seventh Circuit confirms what I have stated from the beginning. Act 10 is constitutional. While there are no guarantees, it is my hope that this decision will pave the way for resolving any remaining challenges in a manner that supports the legislative decisions made by our elected officials.”

 

 

“Friday’s decision was a setback for public employees and their unions.”

 

Not quite correct. It’s a setback for union bosses and their democrat political partners.

 

It’s a gain for the people of Wisconsin, including the public union members.

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