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Read the TRO. Sumi enjoined against further implementation of the act. Not just publication of it.

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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:27 PM
Original message
Read the TRO. Sumi enjoined against further implementation of the act. Not just publication of it.
Here's the TRO: (It's a PDF) http://tinyurl.com/4avunsu
From the last page.
I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10.
The next step in implementation of that law would be the publication of that law by the Secretary of
State. He is restrained and enjoined from such publication until further order of this court.
The hearing on the Petitioner’s request for a preliminary injunction is set for March 29,
2011.

"I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10."

I'm not a lawyer, but it seems like plain English to me. Judge Sumi restrained and enjoined further implementation. The next part appears to be there simply to underline and make clear that they are to proceed no further in the process of implementation.

In any case, there will be a hearing tomorrow, March 29, at which time there may be a preliminary injunction.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:31 PM
Response to Original message
1. "He is restrained and enjoined from such publication". Who is the "he" mentioned here?
The Secretary of State. The question is did the TRO refer to just him or anybody else publishing it?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:36 PM
Response to Reply #1
3. Whose side are you on? Only the Secretary of State can direct
Edited on Mon Mar-28-11 07:44 PM by rzemanfl
publication of a law as I explained to you in another thread. Should the Judge have enjoined the Thorp Courier, the Manitowoc Herald Times Reporter and the Greendale Village Life from publishing the Act? Jesus.

On edit, I have no idea whether the Thorp Courier still exists. I remember a front page article "Local Ewe Gives Birth to Quadruplets."
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:41 PM
Response to Reply #3
7. I live in WI I marched in Madison. Did you? You pretend to know more than anyone does.
This is yet to be decided. The TRO specifically mentions the Secretary of State and nobody else. Only a fool pretends to believe that things are only what they want them to be.

Is my explanation to you good enough for you? Buddha.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:54 PM
Response to Reply #7
11. I live in Florida, but I practiced law in Wisconsin for 25 years
and marched on the Capitol many times back in the day. It's this simple, if the Repukes maintain a 4-3 majority on the Wisconsin Supreme Court, they will find a way to say that since the TRO failed to name the Legislative Reference Bureau, each employee at the Legislative Reference Bureau by their full name including middle initial and Ms., Mr. or Mrs., the Wisconsin State Urinal and the companies who supplied the ink and paper it prints with, the TRO was defective. That is NOT law-it is naked politics, see Bush v. Gore.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:40 PM
Response to Reply #1
6. It doesn't matter.
The TRO restrains two things.

The first one is the important one: "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10."

She restrained implementation of the act. It doesn't matter who published what in what rag. She restrained implementation of the act. Therefore if they make any changes in the paychecks or implement the law in any other way they are violating the restraining order.

The question of whether or not it's been properly published is a smokescreen. It's FUD.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:43 PM
Response to Reply #6
8. We'll find out soon enough. I just point out what the Republican legal advisor may have thought
was their way around the TRO.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:46 PM
Response to Reply #8
9. Republicans don't have legal advisers they have a group of
sycophants with law degrees, usually from fourth tier law schools.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:49 PM
Response to Reply #9
10. And yet, considering all that has happened in this country, they haven't done too bad for themselves
have they?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:56 PM
Response to Reply #10
12. They manage to work for people who get other people to vote
against their own self-interest with the help of churches, the NRA and Fox News.
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eomer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 05:52 AM
Response to Reply #10
26. WTF? I can think of some other groups, historically, who didn't do too badly for themselves,
at least over some discrete period of time. Meanwhile they committed heinous acts.

What's your point?

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Snoutport Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:17 PM
Response to Reply #6
17. what is FUD?
ANd can these guys be held in contempt of court?
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:25 PM
Response to Reply #17
19. [F]ear, [U]ncertainty, [D]oubt
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Lefta Dissenter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:05 PM
Response to Reply #1
14. back to the first sentence of that very paragraph
"I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10.
The next step in implementation of that law would be the publication of that law by the Secretary of
State. He is restrained and enjoined from such publication until further order of this court."

Why is the State cherry-picking not only the judge's order, but even a single paragraph of the order. They want to rely on the second and third sentences of that paragraph, but not the first? :shrug:
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:12 PM
Response to Reply #14
16. In a word, "obfuscation," and by the way, ^(^*&$^^%#$@@%^
to yah, a'na so?
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Lefta Dissenter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:55 PM
Response to Reply #16
23. Hey,
Edited on Mon Mar-28-11 09:09 PM by Lefta Dissenter
I hope you and your lovely wife #^*%()%^$(*)&$*)(*()*%(@#$%^&)(%$ :evilgrin:

edited to add, ...and the horse you rode in on!

But that doesn't mean I want my State ^*(^^^%$#%^&&*^^%#)(&%# me! :hi:


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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 04:44 PM
Response to Reply #23
29. I turned in my resignation today and was asked to redate it and
turn it in April 15th if I still felt the same way. I never had a job where it was so &%&^#%@$!%&* hard to quit.
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Lefta Dissenter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-11 08:26 PM
Response to Reply #29
34. @$^&*@%^&#*&*()
Sounds like a job you need to keep, not quit! :pals:

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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 11:14 PM
Response to Reply #14
25. Shh...
They don't want anyone to notice the first.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:33 PM
Response to Original message
2. The idea that the Dems screwed up by not naming everyone in
the state with access to a newspaper in the TRO is exactly the line the Pukes want people to believe. This type of bullshit started with the back-dated military votes in Florida in 2000 and worked, so they have been using utter horseshit and bluster ever since. Some people still believe that Iraq was involved in 9/11.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:00 PM
Response to Reply #2
13. Utter horseshit and bluster is exactly right.
It's FUD. [F]ear, [U]ncertainty, [D]oubt. FUD and confusion. Misdirection. Get people concentrating on the wrong thing. Ignore the first and most important part of the TRO and get the public arguing about the publication.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:10 PM
Response to Reply #13
15. We've seen this before many times. Look! Over there! not here
nothing to see here. Karl Rove's playbook. "Somebody bugged my office." ".22 rimfire rounds on the Capitol Grounds!!!!!" I bet if the pockets of all the winter jackets and coats in Wisconsin were turned inside out, you'd find hundreds of .22 rounds, shotgun shells and various rifle rounds left over from whenever.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:23 PM
Response to Reply #15
18. Yes. Those terrible union thugs were planning on using those .22 rounds,
Edited on Mon Mar-28-11 08:27 PM by drm604
but for some reason they never actually used them. I wonder why? :shrug:

Maybe because they dropped them? All over place? All around the building? Where people would be sure to find them? Yea, that must be why.

:sarcasm: (Is this sarcasm thingy really required?)
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:31 PM
Response to Reply #18
21. I thought they found 41 rounds in one spot and a few in another.
My thought was someone dislodged them pulling out their gloves or something (or that they were a plant) but if they were a plant I thought they'd have used AK-47 rounds for the drama/terrorist/islamic/commie aspect.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:40 PM
Response to Reply #21
22. You may be right.
I thought that I'd heard that they found them in several different places around the building, but that may have been intentional exaggeration. My first thought was that they were planted, but you may be right that they were dropped accidentally. But however they got there, I'm convinced that the Republicans tried to use it to paint the union people as scary thugs with bullets.

Hell, how do we even know they really found anything? They lie about everything else ($7,000,000.00 damage from tape...) so why not this?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 04:21 PM
Response to Reply #22
28. Who knows these days? I am sure they painted the disabled
folks who were protesting as scary folks with dangerous wheelchairs full of James Bond gadgets.
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kristopher Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:39 PM
Response to Original message
4. Maybe there will be a contempt citation to make the point clear. nt
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 08:27 PM
Response to Reply #4
20. We can hope.
There's going to be a hearing on the request for a preliminary injunction tomorrow.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 07:40 PM
Response to Original message
5. therefore any weak steps they take to make the 2011 Wisconsin Act 10 appear legitmate are just
a piss into the wind. Let 'em. :7 I say it's not legitimate law. hmmmmmf.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-28-11 10:18 PM
Response to Reply #5
24. Let's hope that the judge agrees with you tomorrow! n/t
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 07:19 AM
Response to Original message
27. The Walker administration has flaunted their disdain for the law since day one. n/t
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 05:28 PM
Response to Reply #27
30. Developments in today's hearing-- This seems to be going WELL
March 29, 2011 9:55 a.m. |(72) Comments

Madison -- A Dane County judge said Tuesday she is concerned the Department of Justice has a conflict in representing Secretary of State Doug La Follette and must provide him with independent counsel.

“There is so great a divergence now between the position that the attorney general is taking in this court and the court of appeals and now the Supreme Court and the interests of the secretary of state and the office of the secretary of state that I believe Mr. La Follette is entitled to independent counsel at the expense of the state,” said Dane County Circuit Judge Maryann Sumi.

The issue arose after La Follette grew frustrated that his attorneys were not asking questions of a witness.

“My attorney won’t ask a question on my behalf,” La Follette told the court.

More specifically, the issue is that La Follette and the Department of Justice attorneys disagree over the power of the secretary of state.

Great video - interview with Doug LaFollette S.o.S.
http://www.wrn.com/2011/03/judge-orders-separate-counsel-for-lafollette-video/

~~~~~~~~~~~~~~~~~
(AP) -- A Wisconsin judge has ruled that there should be no further implementation of a law taking away nearly all collective bargaining rights for public workers.

Dane County Circuit Judge Maryann Sumi said Tuesday that her earlier restraining order saying the law shouldn't be enacted had either been ignored or misinterpreted.

VIA TWITTER

Sumi is clear: ALL further action of Act 10 is enjoined. Court is adjourned.
@ACLUMadison: Sumi chastises anyone acting in "willful defiance" of a TRO. Could face punishments. Further implementation of Act 10 is enjoined.


@ACLUMadison: Sumi says she dismayed that even with simple fix for this conflict (open mtgs issue), parties are pursuing litigation at taxpayers' expense


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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 06:41 PM
Response to Reply #30
31. Thank you for posting this.
I've been wondering what happened today but I haven't had time to track it down.

This ruling was what I expected. Notice that, at least according to the article, she characterized her earlier order as saying that the law shouldn't be enacted - notice that there is no mention of the word "published".
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eowyn_of_rohan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 06:56 PM
Response to Reply #31
32. Yes-she warned about using the word "published"
I was following twitter since I couldnt go to the courthouse today. I wish I could remember what the concern was over the word - was it to de-legitimize their act of "publishing" it?
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-11 04:46 AM
Response to Reply #30
33. Thanks for posting. Unexpected obligation took me off the board...
...yesterday and I've been salivating for news.

We have to stop these thieves.
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