25 March 2011

Gov. Walker Publishes a Law Ignoring the Courts and the Sec. of State

Just in case you didn't understand the definition of 'hubris,' this is it. The Legislative Reference Bureau published the collective bargaining law, ignoring  a court order against its publication and the Secretary of State's restraining order.

The Governor and the Republican Party of the State of Wisconsin have no officially voided the right to call themselves the law and order party as they have now ignored a lawful court order, a court order issued by a sitting judge on a pending case in accordance with Section 813.02 of the Wisconsin Statues. During the negotiation and passage this law, the Republicans voided the right to call themselves the party of the Constitution and respect for the institution of the Government of the State.

According to the Milwaukee Journal Sentinel Online, the reference bureau published the law with a footnote acknowledging the court order, but insisting that the law says that all new legislation must be published within 10 days of passage.

The issue is that a law in Wisconsin does not take effect until it is published. Therefore, now that it has been published, cities and counties that have been renegotiating contracts with its public workers have had the ability to do so yanked out from under them.

This is just another example of how the new Republican majority in the Legislature and the Governor are ignoring the law and the courts. During the passage of the law, the Republicans used sleazy parliamentary tactics to pass the law. A late night, 43 second vote on the law in the Assembly, the "emergency" meeting of Senators that separated the collective bargaining part of the law, then passage of that part without the Democratic Senators present.

This is a reprehensible and cowardly act not worthy of the party of Abraham Lincoln or Ronald Reagan. These are the tactics of a fringe group that knows that without snake-like tactics, it will be found out for the radical, out of control minority that it is.

"Today the administration was notified that the LRB published the budget-repair bill as required by law," said a statement from Administration Secretary Mike Huebsch. "The administration will carry out the law as required." from the above referenced article.
 Secretary Huebsch states it as if the administration didn't know anything about the publication.

813.02 Temporary injunction; when granted. (1) (a)
When it appears from a party’s pleading that the party is entitled
to judgment and any part thereof consists in restraining some act,
the commission or continuance of which during the litigation
would injure the party, or when during the litigation it shall appear
that a party is doing or threatens or is about to do, or is procuring
or suffering some act to be done in violation of the rights of
another party and tending to render the judgment ineffectual, a
temporary injunction may be granted to restrain such act.

This is the state law that governs injunctions. There can and should be punitive damages assessed on the state by the court for ignoring this injunction.

The spirits of Lincoln and Reagan are dead and the New Republican Party has shown that they have no respect for the court system, the law, or gentlemanly conduct. 

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