WI Judge Sumi Issues Temporary Restraining Order On Act 10

Dane County Circuit Judge Maryann Sumi has issued a temporary restraining order preventing Gov. Walker’s law, Act 10, from being enacted.

Ismael Ozanne, a Democrat and also the Dane County District Attorney, filed a complaint on Wednesday seeking to block the law because he said “a legislative committee violated the state’s open meetings law in passing the measure.” The committee voted for it March 9, the Legislature quickly passed it and Walker signed it March 11

Judge Sumi has made this decision on the basis that more time is needed for the court to make a ruling based on the merits of the case. The next hearing for the case is slated to be heard on March 29th, which is three days after the law is due to be posted. The decision to delay posting of the law was made by Democrat State Attorney General LaFollette.

“Assistant Attorney General Steven Means, who was part of the state’s legal team, said after the ruling that “we disagree with it.”

“And the reason they have appellate courts is because circuit court judges make errors, and they have in this case.”

Means said that the state will ask the state Appeals Court to overturn the temporary restraining order later Friday or early next week. He said the Appeals Court is not required to hear an appeal because a final decision has not been reached in the case.

Means said the state was prepared for Sumi’s decision. He said the state had a chance to substitute judges, but decided not to do so.

One option Republicans have is bringing the Legislature back to pass a similar or identical measure again. Lawmakers may be reluctant to take those tough votes again because they have taken relentless criticism and in the Assembly faced more than 60 hours of debate in opposition by Democrats.

But if they do try to pass it again, the prospect of Democrats boycotting the Senate again appears unlikely.

One Democratic senator, Tim Cullen of Janesville, said he would not leave the state again to try to block any possible repeat bill from passing. Republicans would need just one Democrat to stay to avoid any questions of quorum.”

Yet another challenge facing Gov. Walker’s team is this:

“While Judge Sumi will decide whether to permanently enjoin the law on March 29, the state’s Republican leadership is also facing other legal challenges. Because the Capitol building was in lockdown while the legislature voted on the union-busting bill, Judge John Albert is considering whether Department of Administration Secretary Mike Huebsch is in contempt of Albert’s Capitol access order. In late May, Judge Albert will decide whether to make permanent his temporary restraining order guaranteeing an open Capitol building. Additionally, the Wisconsin Employment Relations Commission is considering an unfair labor practices complaint from the state employee union AFSCME, alleging Governor Walker has violated his duty to bargain in good faith.”

Public union sites along with HuffPo are buzzing about their “victory” regarding the “Union-Busting Bill”. These people are losing it, totally and completely losing their sanity.

Time will tell what course of action Gov. Walker and his team will pursue.

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