UPDATED: “Usurped” is the word of the day in Wisconsin
The rule of law prevails, that’s the word on the street, perhaps even with a smackdown. The Wisconsin Supreme Court has overturned/overruled Dane County Circuit Court Judge Maryann Sumi’s ruling attempting to void the legislature’s state law limiting collective bargaining rights of public unions, despite Sumi’s best efforts. (H/T: Instapundit)
The state Supreme Court on Tuesday overturned a Dane County judge’s rulings that voided a state law limiting collective bargaining rights of public workers, finding that the judge overstepped her authority in making her decision.
In a nine-page decision with about 60 pages of concurring and dissenting opinions, the court said that Dane County Circuit Judge Maryann Sumi stepped into the legislative process when she ruled that the collective bargaining law was void.
“This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin constitution grants exclusively to the legislature.”
Ace of Spades explains how Sumi got the proverbial cart before the horse with her actions by declaring a bill, not an enacted law, unconstitutional. I don’t believe it was just “the appearance of political posturing” on Judge Sumi’s part but William Jacobson was probably being nice by only taking it to the “appearance” level. But, still, William deserves some celebration in the end zone from his legal analysis on this case.
Michelle Malkin has the countdown started for the big labor chants to begin, as the WI Supreme Court cleared obstacles for Gov. Walker’s budget repair/union reform law. Needless to say, the Wisconsin AFL-CIO is not happy. I’m sure there’s some wailing and gnashing of teeth going on somewhere, since the “adults win.” And, no. I’m not holding my breath for Sumi to “resign in shame.”
UPDATE: As Michael Angley points out, “elections matter.”
UPDATE: Next step is to regroup and file a federal suit, based on it creating two classes of public workers, violating equal protection rights. Do you think they did any homework to see that other states have or have had different classes of public workers? Either they have not or they’re just shooting from the hip to see what happens.
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