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Ellipsis

(9,124 posts)
Thu Mar 21, 2019, 12:30 PM Mar 2019

Judge Blocks Wisconsin Lame-Duck Laws

Source: US News and World Report

MADISON, Wis. (AP) -- A Madison judge has issued a temporary injunction block Wisconsin Republicans' contentious lame-duck laws limiting Gov. Tony Evers and Attorney General Josh Kaul's powers.

Dane County Circuit Judge Richard Niess issued the injunction Thursday morning. He refused the Legislature's request to stay the effect of the order.

Republicans passed the lame-duck laws during an all-night extraordinary session in December just weeks before Evers and Kaul took office. An extraordinary session is a previously unscheduled floor period initiated by majority party leaders.

A coalition of liberal-leaning groups filed a lawsuit in January arguing such sessions are illegal. They contend the Wisconsin Constitution allows legislators to convene only at such times as set out in a law passed at the beginning of each two-year session or at the governor's call.

Read more: https://www.usnews.com/news/best-states/wisconsin/articles/2019-03-21/judge-blocks-wisconsins-republican-written-lame-duck-laws



Fuckin'a



/snip/


"There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 'Extraordinary Session' that is consistent with the rule of law," Niess wrote.

While the ruling was a victory for Democrats, it may not have lasting consequences, and it was initially unclear whether Evers would try to use it immediately to exercise powers that were held by his predecessor, former Republican Gov. Scott Walker.

/snip/


Niess' ruling also struck down 82 appointments Walker made during the waning days of his administration, all of which were confirmed by Republican state Senators in the lame-duck session. Those appointments included Public Service Commissioner Ellen Nowak and University of Wisconsin Regent Scott Beightol, both of whom were confirmed in December to terms that end in 2023.

"The appointments are ordered temporarily vacated as a necessary consequence of this temporary injunction," Niess wrote.

What remains to be seen is whether Evers will act on any of these powers before the case is appealed, and whether a higher court will block him from taking action. The final say in this case would fall to the Wisconsin Supreme Court, where conservatives hold a 4-3 majority.

https://www.wpr.org/judge-blocks-gop-laws-passed-lame-duck-session
19 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge Blocks Wisconsin Lame-Duck Laws (Original Post) Ellipsis Mar 2019 OP
K&R for visibility turbinetree Mar 2019 #1
would be great to see this BS rolled back shanny Mar 2019 #2
Can not believe this WAS EVEN ALLOWED TO HAPPEN. a kennedy Mar 2019 #3
SC is supposed to be non partisan, so I expect the appeal will fail. onit2day Mar 2019 #12
Here is a longer article from the Milwaukee Journal-Sentinel BumRushDaShow Mar 2019 #4
Thank you. Ellipsis Mar 2019 #6
It looks like it was breaking news there when I found it!!! BumRushDaShow Mar 2019 #8
Every ruling for MyOwnPeace Mar 2019 #5
K&R fleur-de-lisa Mar 2019 #7
K&R bluestarone Mar 2019 #9
Fantastic news!!! mysteryowl Mar 2019 #10
POS state wingers... Maxheader Mar 2019 #11
Thank goodness! I feel for the people who have to live under Republican abuse of Karadeniz Mar 2019 #13
Ha! Take that, right wing, crooked jerks! Greybnk48 Mar 2019 #14
Remember how the Repugs zentrum Mar 2019 #15
Great news! lkinwi Mar 2019 #16
Here's the list of Scott Walkers 82 apointees Ellipsis Mar 2019 #17
I live in Wisconsin.... Repugs are cheaters, liars, thieves and bullies. Talitha Mar 2019 #18
They will keep losing in courts BlueFlorida Mar 2019 #19

BumRushDaShow

(129,673 posts)
4. Here is a longer article from the Milwaukee Journal-Sentinel
Thu Mar 21, 2019, 12:50 PM
Mar 2019
Judge temporarily blocks laws passed by Wisconsin GOP to limit power of Tony Evers, Josh Kaul

Molly Beck, Milwaukee Journal Sentinel Published 11:19 a.m. CT March 21, 2019 | Updated 11:39 a.m. CT March 21, 2019

MADISON – A Dane County judge is blocking laws passed by Republicans in December limiting the power of Democratic Gov. Tony Evers and Attorney General Josh Kaul. Circuit Judge Richard Niess on Thursday issued a temporary injunction to block the laws, saying the Republican-controlled Legislature did not lawfully meet to pass them. Minutes after the judge's ruling, Republican legislative leaders who wrote the laws promised to appeal it.

"Today’s ruling only creates chaos and will surely raise questions about items passed during previous extraordinary sessions, including stronger laws against child sexual predators and drunk drivers," Senate Majority Leader Scott Fitzgerald and Assembly Speaker Robin Vos said in a statement.

<...>

The League of Women Voters, Disability Rights Wisconsin, Black Leaders Organizing for Communities and three Wisconsin voters in January filed a lawsuit in Dane County court alleging the new laws should be voided because lawmakers illegally convened a legislative session to take up the Republican-authored bills. Niess in his ruling sided with those groups and barred anyone from enforcing the laws that were passed during a 24-hour floor period in December by Republican lawmakers over the objection of Democratic lawmakers, Evers and Kaul. "The bottom line in this case is that the Legislature did not lawfully meet during its December 2018 'Extraordinary Session,'" therefore violating the Constitution, Niess wrote.

<...>

"This is a win for Wisconsin voters," Senate Minority Leader Jennifer Shilling, D-La Crosse, said in a statement. "The lame duck session was a bait and switch to rush through more partisan bills, rig elections and consolidate more power in the hands of Republican politicians." The lawsuit challenges the constitutionality of what are known as extraordinary legislative sessions — floor periods the Legislature has convened for more than three decades and what lawmakers used to pass the new laws.

https://www.jsonline.com/story/news/politics/2019/03/21/lame-duck-session-judge-blocks-gop-laws-limit-power-evers-kaul/3233595002/


A copy of the ruling is at the bottom of the above article.

BumRushDaShow

(129,673 posts)
8. It looks like it was breaking news there when I found it!!!
Thu Mar 21, 2019, 01:06 PM
Mar 2019

Every place else had the same AP report that you did!

MyOwnPeace

(16,940 posts)
5. Every ruling for
Thu Mar 21, 2019, 12:50 PM
Mar 2019

freedom, fairness, and justice is another victory for open government of the people, by the people, and for the people.

Republicans can stick their autocratic rules into places where the sun don't shine!




PS: This is another example of why we cannot lose control of selecting judges for life-term assignments!

mysteryowl

(7,398 posts)
10. Fantastic news!!!
Thu Mar 21, 2019, 01:24 PM
Mar 2019

Justice for Wisconsin!

Wisconsin used to be a blue state until the repubs gerrymandered the state to only elect themselves in. They stole the state legislative body. I don't live in Wisconsin, but I have been following. I am very pleased to hear this news!

Maxheader

(4,374 posts)
11. POS state wingers...
Thu Mar 21, 2019, 01:36 PM
Mar 2019
The judge refused to grant Tseytlin's request for a stay and called the lawyer's warning that an injunction would create legal chaos an "alarmist domino-theory."


Notice how the conservatives are starting to sound more and more like alex jones?

Loud...psycho, conspiracy freaks...

Karadeniz

(22,587 posts)
13. Thank goodness! I feel for the people who have to live under Republican abuse of
Thu Mar 21, 2019, 02:07 PM
Mar 2019

the rule of law. ❤

Greybnk48

(10,177 posts)
14. Ha! Take that, right wing, crooked jerks!
Thu Mar 21, 2019, 02:18 PM
Mar 2019

What they did HAS to be illegal or elections would be a joke. So, so happy!

zentrum

(9,865 posts)
15. Remember how the Repugs
Thu Mar 21, 2019, 02:42 PM
Mar 2019

.....refused to hold a vote on Merrick Garland because they said Obama, who still had a full year in office, was a "lame duck"?

Ellipsis

(9,124 posts)
17. Here's the list of Scott Walkers 82 apointees
Thu Mar 21, 2019, 04:14 PM
Mar 2019

Ya'll be officially unappointed.


Renee E. Anderson, of Milwaukee, as a Public Member on the Wisconsin Health and Educational Facilities Authority

Shirley A. Armstrong, of Stone Lake, as a Domestic Abuse Knowledge Representative on the Council on Domestic Abuse

Lisa Bahr, of Oconomowoc, as a Dental Hygienist Representative on the Dentistry Examining Board

Scott C. Beightol, of Wales, as a Congressional District 1 Representative on the Board of Regents of the University of Wisconsin System

Dr. Shari Berry, of Tomah, as a Physical Therapist on the Physical Therapy Examining Board

Dr. Matthew R. Bistan, of Sheboygan, as a Dentist on the Dentistry Examining Board

Donald Borst, of Little Suamico, as a Licensed Radiographer on the Radiography Examining Board

Robert R. Broeckert, of Appleton, as an Audiologist on the Hearing and Speech Examining Board

Dr. David Anthony Bryce, of Middleton, as a Doctor-Medicine on the Medical Examining Board

Thomas Chwala, of Lake Mills, as a Southern Area Representative on the Snowmobile Recreational Council

Susan M. Crane, of Burlington, as a General Business Representative on the State Fair Park Board

Dr. Marcus P. Desmonde, of Colfax, as a Psychologist on the Psychology Examining Board

Rosemary P. Dolatowski, of Burlington, as a Registered Nurse on the Board of Nursing

Marc A Eernisse, of Port Washington, as a Funeral Director/Embalmer on the Funeral Directors Examining Board

H. Bruce Enke, of Green Bay, as a Brown County Representative on the Fox River Navigational System Authority

Jeffery Feldt, of Kaukauna, as an Outagamie County Representative on the Fox River Navigational System Authority,

Jeffery Giesking, of Menomonie, as a Professional Member on the Podiatrists Affiliated Credentialing Board

Robert C. Gorsuch, of Fitchburg, as a Professional Member on the Banking Review Board

Patricia Grathen, of La Crosse, as a Professional Member on the Cemetery Board

Kelly H. Grebe, of Mequon, as General Business Representative of the State Fair Park Board

Lisa M Greco, of Brookfield, as a Credit Union Experience on the Credit Union Review Board

Dr. Kevin L. Hamberger, of Franklin, as a Domestic Abuse Knowledge on the Council on Domestic Abuse

Bryce L. Hansen, of Prairie Farm, as a Professional Member on the Auctioneer Board

Charles Hawkins, of Marinette, as a Nursing Home Administrator on the Nursing Home Administrator Examining Board

David Hutchison, of Luxemburg, as a Public Representative on the Educational Communications Board

Jack J. Johnsen, of Oshkosh, as an Athletic Trainer on the Athletic Trainers Affiliated Credentialing Board

Barbara Johnson, of De Pere, as an Audiologist on the Hearing and Speech Examining Board

Stanley D. Jones, of Clyman, as a Professional Member on the Auctioneer Board,

Nela Kalpic, of Madison, as a Domestic Abuse Knowledge on the Council on Domestic Abuse

Dr. Herbert Michael Kaske, of Twin Lakes, as a Dentist Representative on the Dentistry Examining Board

Steven Klapperich, of St. Cloud, as a Hearing Instrument Specialist on the Hearing and Speech Examining Board

Thomas Kneesel, of Pleasant Prairie, as a Certified Appraiser on the Real Estate Appraisers Board

Kristin Koger, of Rice Lake, as a Professional Independent Social Worker on the Marriage and Family Therapy
Professional Counseling and Social Work Examining Board

Thomas J. Krier, of Allentown, as a Hearing Instrument Specialist on the Hearing and Speech Examining Board

Elizabeth A. Krueger, of Waukesha, as a Government Representative on the Marriage and Family Therapy Professional Counseling and Social Work Examining Board

Franklin J. LaDien, of Menomonee Falls, as a Pharmacist on the Pharmacy Examining Board

Dr. Tara LaRowe, of Madison, as a Dietitian on the Dietitians Affiliated Credentialing Board

Dr. Lee Ann R. Lau, of West Bend, as a Doctor-Medicine on the Medical Examining Board

Joel Mankowski, of Greenfield, as a member of the Sign Language Interpreters Council

Richard J. Marino, of Plain, as a Real Estate Sales/Broker on the Real Estate Examining Board

Tracy Marshall, of Muskego, as a Radiological Physicist on the Radiography Examining Board

Georgia E. Maxwell, of Madison, as Commissioner of the Labor and Industry Review Commission

Dale Mayo, of Conover, as a Northern Area Representative on the Snowmobile Recreational Council

Vicky McNally, of Edgerton, as a Cosmetologist on the Cosmetology Examining Board

Marla Michaelis, of Jefferson, as a Funeral Director/Embalmer on the Funeral Directors Examining Board

Kathleen M. Miller, of Janesville, as a Professional Counselor on the Marriage and Family Therapy Professional Counseling and Social Work Examining Board

Dennis Myers, of Germantown, as a Public Member-Surveyor Section on the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors

Ellen Nowak, of Fitchburg, as Commissioner of the Public Service Commission

Laura O'Brien, of Oregon, as an Occupational Therapist on the Occupational Therapists Affiliated Credentialing Board

Sarah Olson, of Readstown, as a Physical Therapist Assistant on the Physical Therapy Examining Board

Susan M. Perry, of Woodruff, as a Domestic Abuse Knowledge Representative on the Council on Domestic Abuse

Dr. Wendy M. Pietz, of Milwaukee, as a Dentist on the Dentistry Examining Board

Kim S. Rank, of Shiocton, as a Cosmetologist and Aesthetician on the Cosmetology Examining Board

John Reinemann, of Madison, as a Public Member on the Cemetery Board

John Reinemann, of Madison, as a Public Member on the Accounting Examining Board

Thomas J. Richie, of Rice Lake, as a Real Estate Sales/Broker on the Real Estate Examining Board

Tammy H. Scheidegger, of Oconomowoc, as a Professional Counselor on the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

Dr. David K. Schlichting, of Greenfield, as an Accountant on the Accounting Examining Board

Bernard Schroedl, of Greendale, as a Professional Member on the Cemetery Board

Dr. Robert C. Schulz, of Appleton, as an Optometrist on the Optometry Examining Board

Renee J. Schulz, of Marshfield, as a Domestic Abuse Knowledge on the Council on Domestic Abuse

Paul Seidenstricker, of Wauwatosa, as a Public Member on the UW Hospitals and Clinics Authority and Board

Dr. Peter Sheild, of Oconomowoc, as a Dentist Representative on the Dentistry Examining Board

Tim Short, of Neenah, as a Winnebago County Representative on the Fox River Navigational System Authority

Susan Sippel, of Plover, as a Domestic Abuse Knowledge on the Council on Domestic Abuse

Pamela Stanick, of Brookfield, as a Public Member on the Wisconsin Health and Educational Facilities Authority

Dr. John L. Sterling, of Coon Valley, as an Optometrist on the Optometry Examining Board

James Surprise, of Wautoma, as a Public Member on the Board on Aging and Long Term Care

Dr. Dale B. Taylor Ph.D., of Eau Claire, as a Public Member on the Board on Aging and Long Term Care

Alena A. Taylor, of New Richmond, as a Domestic Abuse Knowledge on the Council on Domestic Abuse

Mark M. Thomas, of Mequon, as a Domestic Abuse Knowledge Representative on the Council on Domestic Abuse

Dr. David Thompson, of Burlington, as a Psychologist on the Psychology Examining Board

Torrey G. Tiedeman, of Madison, as a Non-Traditional Student Representative on the Board of Regents of the University of Wisconsin System

Philip J. Trapskin, of Fitchburg, as a Pharmacist on the Pharmacy Examining Board

Gregory Vergamini, of Superior, as an Athletic Trainer on the Athletic Trainers Affiliated Credentialing Board

Roger E. Walsh, of Milwaukee, as an Inland Lakes Representative on the Wisconsin Waterways Commission

John Weitekamp, of West Allis, as a Pharmacist on the Pharmacy Examining Board

Cathy Winters, of Wausau, as a Pharmacist on the Pharmacy Examining Board

Keene Winters, of Wausau, as a Public Member on the Wisconsin Historical Society Board of Curators

Dr. Kathryn R. Zalewski, of Wauwatosa, as a Physical Therapist on the Physical Therapy Examining Board

Cate Zeuske, of Green Bay, as a Public Member on the Wisconsin Historical Society Board of Curators

Scott T. Zipperer, of Manitowoc, as a WTCS Student Representative on the Wisconsin Technical College System Board


....The tribe has spoken.

Talitha

(6,625 posts)
18. I live in Wisconsin.... Repugs are cheaters, liars, thieves and bullies.
Thu Mar 21, 2019, 09:28 PM
Mar 2019

It feels SO GOOD to be rid of Snot Walker, but we've still got a LOT of his garbage to clean up.

 

BlueFlorida

(1,532 posts)
19. They will keep losing in courts
Thu Mar 21, 2019, 11:11 PM
Mar 2019

those laws were an abominable travesty of democracy and justice.

I hope Wisconsin repukes eat dirt after this while getting tarred and feathered.

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