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It’s never really over in Wisconsin, is it? Dane County Judge throws out collective bargaining reform law

It’s never really over in Wisconsin, is it? Dane County Judge throws out collective bargaining reform law

And the wheel keeps turning in Wisconsin.  The long, strange trip is not over.

First it was Dane County Judge Sumi who interjected herself into the legislative process by striking down the collective bargaining reform law, only to be overturned by the State Supreme Court which rejected challenges to the process used to pass it

Now a different Dane County judge has struck the law down again (decision here), this time on the ground that state employees have a constitutional right to collectively bargain, and has reinstated the law as if the legislature never passed the reforms.

Via JSOnline:

Gov. Scott Walker’s law repealing most collective bargaining for local and school employees was struck down by a Dane County judge Friday, yet another dramatic twist in a year and a half saga that likely sets up another showdown in the Supreme Court.

The law remains largely in force for state workers, though a federal judge struck down part of that section of the law as well earlier this year. But for city, county, and school workers the decision by Dane County Judge Juan Colas returns the law to its status before Walker signed his law in March 2011.

Colas ruled that the law violated workers’ constitutional rights by making denying to union workers certain powers available to their nonunion counterparts. The decision could still be overturned on appeal – the Supreme Court has already restored the law once in June 2011 after it was blocked by a different Dane County judge earlier that year.

“The decision essentially creates the (2011) status quo for municipal employees and school district employees because it declared that the essential provisions of Act 10 to be unconstitutional,” said Lester Pines, an attorney for the Madison teachers and city of Milwaukee employees who are plaintiffs.

Walker vowed to fight on, again via JSOnline:

In a statement, Walker criticized Colas and said that he was confident that the state would ultimately win on an appeal.

“The people of Wisconsin clearly spoke on June 5th. Now, they are ready to move on. Sadly, a liberal activist judge in Dane County wants to go backward and take away the lawmaking responsibilities of the Legislature and the governor,” Walker said in a statement.

Madison Teachers v. Walker – Decision Sept 14 2012


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Wonder how much the union had in the envelope he got.

“Dane County Judge Juan Colas”

Let me guess: an affirmative action hire, or worse.

It seems logical to expect that this will be appealed post-haste. I can’t imagine that the Wisconsin Supreme Court will be happy to see this one again.

Liberals don’t like to take “No” for an answer and they’re perfectly content wasting time and money trying to shove their agenda down the public’s throat. I don’t see how this move can do anything other than infuriate Wisconsin taxpayers.

    nomadic100 in reply to creeper. | September 14, 2012 at 10:25 pm

    I live in Wisconsin and I’m infuriated! Dane County where Madison is located is like a different country, the tail that wags the dog!

These Communists never give up, do they? Beat them down again, dagnabbit!

Why do Collectivists hate…

1. democracy, and

2. competition?

Corrupt liberalism is deeply entrenched across the country. Who knows if it can be eradicated.

    raven in reply to Rick. | September 14, 2012 at 8:03 pm

    It can be but it will take men of far greater mettle than we have today.

    If you ever want some good reading, check out the story in the City Journal of Rudy Giuliani’s war with the Left during his early years as mayor of NY. Rudy loved the battle, loved slaying the dragons. This is what we need — happy, ferocious warriors.

      Hope Change in reply to raven. | September 15, 2012 at 12:38 am

      Hi raven! Yes, it will take relentless people who love liberty. I think we do have what it takes. I really do.

      Do you read Sarah Hoyt? I learned about her from Instapundit. She grew up in Portugal. Now she lives in Colorado. She understands the meaning of freedom and the purpose of America. We’re so lucky to have her!

      I do think Americans have what it takes. I also think time and the great purposes of the Universe are with us. Plus, the internet is changing everything!

      greetings in freedom and liberty!

BannedbytheGuardian | September 14, 2012 at 7:19 pm

This continues to amaze me. A local court ruling on a State legislature.

This is so stupid that I never even read anything like it in Governance 101 & am completely at a loss to understand.

I am re reading The history of Ancient Rome & just past the Etruscans morphing into early Rome. Along with some amazingly familiar names that are still being used – there is a court heirachy.

Horses for courses . There was already a concept of state & civil jurisdictions.

I give up. Tis is extreme retro.

What a freaking waste of time and taxpayer monies! the WI state supreme court has already ruled on this freaking thing!!

I imagine they’re going to be pretty pissed that some stupid local judge is ruling on the state legislation? Considering they already overruled against one of his idiot judge collegues just a few months ago!

And once again the liberals of my state make us all look like idiots. What I really don’t get is the fact that since that law went into place things have gotten better financially for all taxpayers. Who the $^%$^$ is paying these lawyers?

I never realized that ripping off the taxpayers was a constitutional right.

Very good response by Walker. We had all better be ready to go in with flamethrowers and burn these commies out of their entrenchments when we hopefully win in Nov. They will not go easily. Romney will have to be prepared to be brutal and thorough in clearing all the sleeper Obama agents out.

Good old Robert’s Rules of Order had instructions about when a motion had been discussed enough, and the discussion ended. Since liberal-progressive-socialist-Marxist have no sense of order other than what they want, as Senator Fiengold once said, “It isn’t over until we say it’s over.”

    Hope Change in reply to Milwaukee. | September 15, 2012 at 12:48 am

    Milwaukee, if I’m not mistaken, he said “its not over until we win.” How does an elected official, a former senator, in a free society, even say such a thing. I believe Senator Feingold considers himself a super-ethical person. How does this blind spot remain?

    The people voted. The people voted. How dare you say it’s not over until “we win.”

    The Left has spent the last 50 years and more putting its trick in place — the corrupt Leftist judges, the collectivist labor unions for teachers and state workers, the cheating at the polls with no voter ID, the complete debasement of out journalists.

    But all their underhanded machinations will not matter. Americans are waking up to the fact that it’s not enough to elect people and go about your own personal business. Americans are realizing that we’ve let scoundrels distort our governments. Truth, tweeting, the internet, the desire for a vibrant economy, the TEA Party and fierce common sense are going to restore us to our original Constitutional principles.

The judge says that the law “violates the Wisconsin AND U.S. constitutions’ guarantees of free speech and freedom of association.” So is he trying to extend the rights of Wisconsin public employees to the entire federal workforce? Even after Walker’s reforms, public employees in Wisconsin have more room for collective bargaining than Federal employees do. Federal employees’ collective bargaining rights are restricted to working conditions. They have no say over pay or benefits, which are set by legislation, as they should be. When you look at it that way, Governor Walker has been very generous, and President Obama is a big, old meanie.

What power that judge must feel! Wow. Progressive tyranny is exhilarating.

After looking up Judge Juan Colas, he worked for then State Attorney Doyle. When Doyle(who was firmly controlled by the unions, specifically the teacher’s union) was governor he appointed him to be a judge.

Makes sense to me how he came to his boneheaded decision.

This is akin to the trickery used to bring the EU into existence, morphing from a raw materials compact in the 1950s to a European Soviet today. When several countries gave NO on the left’s referendum* the left/statists demanded yet another set of voting until the naughty, naughty people “got it right.” NO never means NO when the elites want YES.

Now that the EU has all those YESes, you never hear calls for do-overs of the YES votes. The totalitarian mindset: One man, one vote, one time.

*Tony Blair, yet another lefty, reneged on his/Labour’s promise to hold a UK referendum for fear of the worst,

Our laws no longer mean much. This expert (panel of experts) says, ”yes,” that expert (panel of experts) says “no” to the same question. This expert says “always, except;” that one says “never, except.” Half the Supreme Court justices say “unconstitutional,” the other half says “constitutional.” So many experts – all lawyers.

State voters overwhelmingly pass, or reject, a referendum, a judge says they’re wrong, throws out the vote. Another judge reverses the first judge. Repeat the entire process.

Laws are no longer written, they’re “crafted” – like beer and clay pots – cow pie literature; they always exempt legions of people for one reason or another so as to not anger any constituency, or they’re just written vaguely to accomplish the same thing … but the “crafters” always exempt themselves. Laws aren’t written and passed by legislatures; agencies, administrations, and other invisible interest groups, and experts, write them. (We don’t need no stinkin’ legislatures.)

The government refuses to enforce its own laws, states enforce them and get sued for doing so by the government whose law it is that’s being enforced. Or, the government announces that it simply won’t enforce a law.

One government agency or agent excuses another government agency’s or agent’s violation of the law, and if that doesn’t work simply ignore the entire matter including investigations by persons, committees, agencies, or legislatures empowered by (some annoying) law to do so.

“Laws are for the little people.” (Glenn Reynolds)

    Browndog in reply to Owego. | September 14, 2012 at 9:45 pm

    When law professors started teaching that “case law” and “precedent” were controlling authority, and the Constitution was merely a footnote, I believe sometime back in the late ’40’s, we transitioned from a “nation of laws” to a “nation of men”.

    We are so far from the Constitution that it boils my blood to see these “judges” cite it as justification for their edicts from on high.

Geez! Do you have to drive a stake through their heart. Just when you think it’s safe they rise from the dead.

MaggotAtBroadAndWall | September 14, 2012 at 9:47 pm

“It’s never really over in Wisconsin, is it?”

As former Wisconsin Democratic Senator Russ Feingold said at one of the many rallies protesting Governor Scott Walker, “It’s not over until we win”.

He meant it. They are indefatigable. They will never quit. That’s why no matter what happens in November we must continue to stay fully engaged. Because even if Obama loses, the ideology will live on. They will not stop trying to use the force of government to stomp on individual liberty in pursuit of some idealized fantasy about a perfect society. You can be 100% certain of that.

    The citizens of Wisconsin are OWNED by the public employees unions, and the unions intend to prove it. These people are no longer “public servants”, the public are their servants.

    Most of my fellow Californians have already accepted this reality, and rather meekly at that.

The real solution is to pass “right-to-work” legislation to cripple organized labor.

Ever hear of a teacher’s strike in Texas?

This is not to infer that “sweetheart” deals do not exist between school boards and educational staff but it does limit the damage…

TeaPartyPatriot4ever | September 14, 2012 at 10:08 pm

When the duly elected representatives of the State govt pass a law, that is supported by the majority of the resident citizens there, then the law is legitimate.

Unless the majority of the people disagree with the law, which in this case they do agree with the law, then the law is constitutionally valid. No Judge can delegitimize that law just because they say so. This so called Judge has no legitimate legal precedent right to delegitimize the law.

This is what happens when leftwing activist Judges try to act as dictatorial lords of and over the legitimately elected govt in charge.

its the UNION that prevents union members from bargaining for their wages.
the UNION sets up a pay scale that everyone adheres to no matter who you are.
allowing people to be individuals in unconstitutional while treating every individual as one gelatinous mass is just fine.

Read paragraph 8 to see all you need to see about Judge Jualn Colas…..

    Browndog in reply to whippet. | September 14, 2012 at 10:39 pm

    Yesterday, a judge ruled that the state had improperly closed the Capitol and ordered it opened, but did rule that there could be date and time limits on the protests. (The decision was delayed because the first judge, the Honorable Juan Colas, assigned the case had to recuse himself because his own daughter was sleeping in the Wisconsin State Capitol.)

Strange. At one time both Republicans and Democrats understood that public workers could not be permitted to hold the government hostage, nor to bypass the representative process and extort funds from taxpayers. I suppose the Democrats needed a constituency and suffered progressive corruption through their obsession with capital, power, and social standing. Today, they have gone so far as to promise normalization of behaviors which constitute evolutionary dysfunction. Clearly there are no reasonable limits to their lust for instant gratification.

theyjustcantstop | September 14, 2012 at 10:49 pm

do as the democrats do,have walker come out and state all public-sector union contracts are null,and void until judicial reviews are complete,and negotiations can continue there after.

    When Republic are reasonable, they are unreasonable. When they are unreasonable, they are monsters. Only Democrats can afford to be unreasonable. It’s a no-win scenario, which is why Republicans need to have the courage of their convictions to persevere. Not unlike the original progressives, who have since been subordinated by their generational counterparts.

[…] Legal Insurrection posted an article about the court’s decision in Wisconsin to overturn the changes made to […]

“…on the ground that state employees have a constitutional right to collectively bargain,…”

I must have missed that part when I read the US Constitution. Or maybe the judge is refering to the Wisconsin Constitution. Either way, I doubt that such a “right” exists.

At some point we have to recognize the left cares only about ends, and will happily use any means at all to get there. Kill democracy? No problem. Disregard the entire concept of divided government? Who cares.

One judge merely overturned the work of an elected legislature. Now we have a judge seeking to overturn the results of two elections and the legislature. The fight for liberty against this sort of scum never stops.