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
Cha
(297,275 posts)Cool!
murielm99
(30,742 posts)Walker and his policies will bite the dust yet, just more slowly than we would like.
Panasonic
(2,921 posts)And it's not Wisconsin money - it's Koch money that it's coming from.
Taxpayers will not pay that $1B.
BumRushDaShow
(129,061 posts)Bravo! But still more work to come.
Panasonic
(2,921 posts)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)"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
Tx4obama
(36,974 posts)Lifelong Protester
(8,421 posts)(in Grumpy Old Men) "Holey Moley"!!!!
Akoto
(4,266 posts)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.
nebenaube
(3,496 posts)Last edited Tue Sep 18, 2012, 04:54 AM - Edit history (1)
Kingofalldems
(38,458 posts)SoapBox
(18,791 posts)"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!)
alp227
(32,026 posts)The Madison NBC station has a profile of Colas, who is also a Colombian immigrant
http://www.nbc15.com/home/headlines/15889392.html
Cha
(297,275 posts)myrna minx
(22,772 posts)Scuba
(53,475 posts)Va Lefty
(6,252 posts)Omaha Steve
(99,653 posts)K&R!
senseandsensibility
(17,056 posts)I am going to allow myself to be happy about this one. Good for the workers!
Chorophyll
(5,179 posts)alcibiades_mystery
(36,437 posts)What part of "null and void" is difficult for the AP reporter to grasp. Null? Void?
lunatica
(53,410 posts)alcibiades_mystery
(36,437 posts)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)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)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.
BootinUp
(47,156 posts)Myrina
(12,296 posts)This is HUGH! C'mon people, get kickin'!!!
:kick: :kick: :kick:
whathehell
(29,067 posts)lindysalsagal
(20,692 posts)UNION!
lutefisk
(3,974 posts)I particularly like the ORDER at the end.
luv_mykatz
(441 posts)lonestarnot
(77,097 posts)Ellipsis
(9,124 posts)Coyotl
(15,262 posts)They don't even know how to write laws that are legal
AllyCat
(16,189 posts)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)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)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)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)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!
warrprayer
(4,734 posts)Congradulations Wisconsin!!!!
lonestarnot
(77,097 posts)Unity solidarity and
Sabriel
(5,035 posts)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)This ruling will be Prossered at the earliest convenience
lutefisk
(3,974 posts)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?
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