Tag Archives: State supreme court

Wisconsin update – Supreme Court overturns collective bargaining ruling

POSTED BY ORHAN

(updated below)

From the Wisconsin State Journal: Circuit Judge Maryann Sumi overstepped her authority when she voided Gov. Scott Walker’s measure limiting public sector collective bargaining, the state Supreme Court ruled today in a 4-3 decision.

The conservative majority said Sumi “usurped the legislative power which the Wisconsin constitution grants exclusively to the Legislature” by voiding the law. Sumi ruled the state’s open meetings law was violated when Republicans met and amended the bill in March, allowing the Republican-controlled Senate to bypass a Democratic boycott.

Chief Justice Shirley Abrahamson dissented, writing that the authors of the court’s order, along with concurring Justice David Prosser — lacked “a reasoned, transparent analysis” and incorporate “numerous errors of law and fact.”

“Only with a reasoned, accurate analysis can a court assure the litigants and the public that a decision is made on the basis of facts and law,” Abrahamson wrote, “free from a judge’s personal ideology and free from external pressure by the executive or legislative branches, by partisan political parties, by public opinion or by special interest groups.”

The State Department of Administration “is reviewing the Supreme Court’s order and will begin implementing (the law) when appropriate.”

Bottom line: Prosser voted exactly as expected, and if Kloppenburg had beaten him in the State Supreme Court race, the Republicans would be singing a different tune tonight.

UPDATE:

Also from the Wisconsin State Journal: One day after the state Supreme Court cleared the way for Gov. Scott Walker’s controversial bill limiting collective bargaining to become law, several labor organizations filed a federal lawsuit Wednesday in an effort to prevent some of its provisions from taking effect in federal court.

The lawsuit was brought by the Wisconsin Education Association Council, Wisconsin State Employees Union, Wisconsin Council of County and Municipal Employees, AFSCME District Council 48 representing Milwaukee County municipal employees, AFT-Wisconsin, SEIU Healthcare Wisconsin and the Wisconsin State AFL-CIO.

The groups are challenging the constitutionality of the bill they say would destroy collective bargaining rights for all but a select group of public sector workers deemed “public safety” employees, including certain firefighters and law enforcement officers.

Walker responded to the suit saying, “I think overwhelmingly the people of the state feel the legal action is done and it’s time to move forward.”

Dem edges Republican in Wisconsin state Supreme Court race

POSTED BY ORHAN

WaPo’s Greg Sargent reports:

In the nationally-watched Wisconsin state Supreme Court race, liberal challenger JoAnne Kloppenburg has edged ahead of conservative sitting justice David Prosser by just over 200 votes.

We still don’t know who is going to win, and we may not know for some time to come. But even if Kloppenburg loses, labor strategists argue, this will have constituted a victory for unions and Dems — proof of Scott Walker’s continuing toxicity, and of the staying power of the grassroots energy he unleashed. They’re right.

Stay tuned.

UPDATE: Thursday Evening from the Milwaukee Journal Sentinel website:

In a political bombshell, the clerk in a Republican stronghold released new vote totals adding a net total of 7,582 new votes in the tight state Supreme Court race to Justice David Prosser, swinging the race significantly in his favor.

Waukesha County Clerk Kathy Nickolaus said Thursday that she failed to save in her computer and consequently report 14,315 votes cast in the city of Brookfield, omitting them entirely in an unofficial tally released after Tuesday’s election. The new totals give 10,859 more votes to Prosser from Brookfield and 3,456 more to Kloppenburg, she said. Smaller discrepancies turned up in two other communities as well.