Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

lutefisk

(3,974 posts)
Fri Sep 14, 2012, 05:58 PM Sep 2012

Judge Strikes Down Wis. Law Limiting Union Rights

Source: Associated Press/NPR

MADISON, Wis. September 14, 2012, 06:02 pm ET
MADISON, Wis. (AP) — A Wisconsin judge on Friday struck down the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.

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.

Walker spokesman Cullen Werwie said he was confident the decision will be overturned on appeal....

Read more: http://www.npr.org/templates/story/story.php?storyId=161175667



Adding a link to the actual ruling. Worth reading, especially the end:

http://www.wispolitics.com/1006/120914mti_v_walker.pdf
45 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge Strikes Down Wis. Law Limiting Union Rights (Original Post) lutefisk Sep 2012 OP
Ahem 47of74 Sep 2012 #1
A Wall Of ROFLings! Cha Sep 2012 #13
Yay! murielm99 Sep 2012 #2
The judge should sanction Walker $1 billion to be paid in an escrow account for labor unions. Panasonic Sep 2012 #3
Oh my. BumRushDaShow Sep 2012 #4
Appeals will be denied, after the judges finishes laughing at your ass Panasonic Sep 2012 #5
More information from the Wisconsin State Journal lutefisk Sep 2012 #6
Kick! n/t Tx4obama Sep 2012 #7
I the words of Walter Mathau Lifelong Protester Sep 2012 #8
I won't hold my breath til this ruling survives appeals. Akoto Sep 2012 #9
Agreed... they have the Supreme Court in their pocket. n/t nebenaube Sep 2012 #16
There cannot be a union without bargaining rights. Kingofalldems Sep 2012 #10
Yes! SoapBox Sep 2012 #11
Judge is a Jim Doyle (D) appointee alp227 Sep 2012 #12
HA! Thanks, alp~ Cha Sep 2012 #14
. myrna minx Sep 2012 #15
K&R This is a win for our side. Let's hope we can keep it from going before Prosser and Co. Scuba Sep 2012 #17
Awesome! Let's hope it's upheld Va Lefty Sep 2012 #18
Thanks for posting Omaha Steve Sep 2012 #19
Great! senseandsensibility Sep 2012 #20
Very glad to know this! Thanks, lutefisk! Chorophyll Sep 2012 #21
"It was not clear if the ruling means the law is immediately suspended." alcibiades_mystery Sep 2012 #22
If they appeal it then it still exists lunatica Sep 2012 #31
Suspended would seem to mean not in force until further decisions alcibiades_mystery Sep 2012 #32
Null and void means non-existent as a law lunatica Sep 2012 #33
Yes, that's exactly right alcibiades_mystery Sep 2012 #34
Suck on it Walker!! BootinUp Sep 2012 #23
Only 90 recs? Myrina Sep 2012 #24
I agree, Myrina...K & R to the MAX ! n/t whathehell Sep 2012 #36
Loving me some Judge Juan Colas lindysalsagal Sep 2012 #25
Added link to the actual ruling. Great reading! lutefisk Sep 2012 #26
Woohoo! Woot! luv_mykatz Sep 2012 #27
K & R. lonestarnot Sep 2012 #28
Pop!... Gurgle, gurgle, gurgle, gurgle, gurgle. Ahhhh! Ellipsis Sep 2012 #29
Big Rec Coyotl Sep 2012 #30
Werwie statement in today's wisconsin state journal AllyCat Sep 2012 #35
The Walker Regime response is predictable lutefisk Sep 2012 #41
"The will of the people"? Sabriel Sep 2012 #43
Glad that the right to free assembly was cited lanlady Sep 2012 #37
Hot digity-dam! mkultra321 Sep 2012 #38
GREAT NEWS!!!!!!! warrprayer Sep 2012 #39
Juan wit the force! lonestarnot Sep 2012 #40
Kicking for sheer joy Sabriel Sep 2012 #42
unfortunately, Walker owns the Wisconsin Supreme Court WestWisconsinDem Sep 2012 #44
Wis. AG Aims To Enforce Union Law During Appeals lutefisk Sep 2012 #45
 

Panasonic

(2,921 posts)
3. The judge should sanction Walker $1 billion to be paid in an escrow account for labor unions.
Fri Sep 14, 2012, 06:12 PM
Sep 2012

And it's not Wisconsin money - it's Koch money that it's coming from.

Taxpayers will not pay that $1B.

 

Panasonic

(2,921 posts)
5. Appeals will be denied, after the judges finishes laughing at your ass
Fri Sep 14, 2012, 06:15 PM
Sep 2012

for stupidity. The law will be ruled unconstitutional, forever. Walker will be placed under arrest, found guilty and sentenced to a long time in prison.

lutefisk

(3,974 posts)
6. More information from the Wisconsin State Journal
Fri Sep 14, 2012, 06:38 PM
Sep 2012

"A Dane County judge on Friday struck down the controversial 2011 collective bargaining law because he said it violates the Wisconsin and U.S. constitutions' guarantees of free speech and freedom of association.

Ruling in a lawsuit brought by Madison Teachers Inc. and a union representing public workers in Milwaukee, Circuit Judge Juan B. Colas said in a 27-page decision that sections of the law "single out and encumber the rights of those employees who choose union membership and representation solely because of that association and therefore infringe upon the rights of free speech and association" guaranteed by the state and federal constitutions.

Colas also ruled that the law violates the constitutional equal protection clause by creating separate classes of state workers who are treated differently and unequally under the law."

http://host.madison.com/wsj/news/local/govt-and-politics/judge-strikes-down-walker-s-law-ending-collective-bargaining-rights/article_ded3b708-feb5-11e1-a29a-001a4bcf887a.html

Akoto

(4,266 posts)
9. I won't hold my breath til this ruling survives appeals.
Fri Sep 14, 2012, 06:45 PM
Sep 2012

I don't doubt that Walker would take it all the way to the Supremes. He's bet everything on this abominable piece of legislation, and the people of his own state spared him during the recall even then.

SoapBox

(18,791 posts)
11. Yes!
Fri Sep 14, 2012, 06:56 PM
Sep 2012

"Walker spokesman Cullen Werwie said he was confident the decision will be overturned on appeal...."

Overturn this...*FINGER*

(I most likely look like one angry person all the time...well, with crap like this, I can't help feeling a bit angry...thanks for always allowing my ventings!)

 

alcibiades_mystery

(36,437 posts)
22. "It was not clear if the ruling means the law is immediately suspended."
Fri Sep 14, 2012, 08:56 PM
Sep 2012

What part of "null and void" is difficult for the AP reporter to grasp. Null? Void?

 

alcibiades_mystery

(36,437 posts)
32. Suspended would seem to mean not in force until further decisions
Sat Sep 15, 2012, 09:58 AM
Sep 2012


Saying that something is null and void with the understanding that further decisions may change that would seem to indicate "immediately suspended" in any ordinary understanding of the terms.

lunatica

(53,410 posts)
33. Null and void means non-existent as a law
Sat Sep 15, 2012, 10:04 AM
Sep 2012

But in reality it isn't if there is an appeal. Although I think it is not in effect during appeal.

 

alcibiades_mystery

(36,437 posts)
34. Yes, that's exactly right
Sat Sep 15, 2012, 10:15 AM
Sep 2012

Null and void means nonexistent as a law, which is what this law currently is. It may be restated by further decisions. Therefore, it is immediately suspended.

AllyCat

(16,189 posts)
35. Werwie statement in today's wisconsin state journal
Sat Sep 15, 2012, 10:26 AM
Sep 2012

The liberal activist judge wants to "take away the lawmaking responsibilities of the legislature and the governor." Last time I checked, the guv doesn't have that power .

lutefisk

(3,974 posts)
41. The Walker Regime response is predictable
Sat Sep 15, 2012, 01:07 PM
Sep 2012
Pines ripped Walker's response, saying Walker and his allies "have no respect for the judiciary. The governor is attempting to systematically undermine respect for the courts," he said, by implying political bias. . .

He said Walker should simply admit he lost despite having law firm Michael Best & Friedrich defend the law at a cost of $500,000, but Walker "doesn't have the class to say 'maybe I did something wrong.'"

Democrats applauded the ruling. State Sen. Tim Cullen, of Janesville, said the law was only intended to destroy a political opponent, not balance the state budget. Assembly Minority Leader Peter Barca called the decision "a huge victory for Wisconsin workers and a huge victory for free speech," and state Sen. Jon Erpenbach said he would be surprised if the decision were overturned.

Republicans joined Walker in criticizing the decision and Colas. "It's no surprise that in the fantasy world of a judge in Dane County, he can substitute his will for the will of the people as expressed through the Legislature and the recall," state Rep. Robin Vos said. State Sen. Glenn Grothman said going back to the original law "would be a disaster for schools."


http://host.madison.com/wsj/news/local/govt-and-politics/judge-strikes-down-walker-s-collective-bargaining-law/article_ded3b708-feb5-11e1-a29a-001a4bcf887a.html

Sabriel

(5,035 posts)
43. "The will of the people"?
Sat Sep 15, 2012, 01:15 PM
Sep 2012

That's why we have courts. "The will of the people" once wanted non-whites to be treated differently. If not for the courts, we'd still have segregated schools and every other once-entrenched "will of the people" approach to society.

lanlady

(7,134 posts)
37. Glad that the right to free assembly was cited
Sat Sep 15, 2012, 11:18 AM
Sep 2012

I've always wondered why restrictions on union organizing and activity (are you listening, Walmart?) aren't challenged more often on constitutional grounds. If the second amendment can be stretched to include automatic weapons and cop-killer bullets, surely the our right to free assembly includes union membership?

mkultra321

(58 posts)
38. Hot digity-dam!
Sat Sep 15, 2012, 11:59 AM
Sep 2012

It's been over a year since I sang in the rotunda and I admit to tuning out events in my home-sweet-home state since the recall went sideways. This just made my week!

Sabriel

(5,035 posts)
42. Kicking for sheer joy
Sat Sep 15, 2012, 01:09 PM
Sep 2012

I hope this sticks, permanently.

Districts across the state are using the "tools" that Act 10 gave them to stick it to teachers. Longer days, more preps, fewer hours off to plan instruction, more duties. He's killing public ed.

 

WestWisconsinDem

(127 posts)
44. unfortunately, Walker owns the Wisconsin Supreme Court
Sat Sep 15, 2012, 02:21 PM
Sep 2012

This ruling will be Prossered at the earliest convenience

lutefisk

(3,974 posts)
45. Wis. AG Aims To Enforce Union Law During Appeals
Sat Sep 15, 2012, 11:57 PM
Sep 2012

So, the plan is to ignore the ruling until they can get it overturned. As others have said, they know Prosser will take care of this little mess once it gets to his court. Something I don't know is, is there any chance of this going higher- to the Supreme Court of the United States?

Wisconsin's attorney general said Saturday he would seek court permission to keep enforcing a state law that effectively ended collective bargaining for public employees while his office appeals a judge's ruling striking it down...

Attorney General J.B. Van Hollen, also a Republican, said in a statement that he believes the law "is constitutional in all respects" and should remain in effect while he appeals the judge's decision.


http://www.npr.org/templates/story/story.php?storyId=161191224
Latest Discussions»Latest Breaking News»Judge Strikes Down Wis. L...