Breaking: WI judge issues third version of TRO

posted at 11:01 am on March 31, 2011 by Ed Morrissey

Nothing builds confidence in a judicial decision that has to get rewritten twice in order to actually have its intended effect.  Judge Maryann Sumi has revised her temporary restraining order yet again in order to stop the state of Wisconsin from enforcing its reform bill:

The contentious collective bargaining law, Wisconsin Act 10, which would strip most public workers of nearly all collective bargaining rights and force them to contribute more to their pension and health plans, is not in effect, according to an amended restraining order released on Thursday morning.

Dane County Circuit Judge Maryann Sumi made the amended ruling at 8:15 a.m. She has already issued an emergency order blocking Wisconsin’s secretary of state from publishing the law. Sumi called a hearing Tuesday to weigh District Attorney Ismael Ozanne’s lawsuit alleging Republican legislative leaders violated Wisconsin’s open meetings law during debate on the proposal.

Sumi re-issued her order on Tuesday — and this time she has warned that anyone who violates it will face sanctions. She amended the ruling on Thursday to read, “Further, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29 evidentiary hearing, it is hereby declared that 2011 Wisconsin Act 10 has not been published …”

If Sumi expects to have her decisions upheld by the state Supreme Court, perhaps she should take care to write them properly in the first place.   She will have trouble explaining how she justified interfering with the publication of  law in defiance with Wisconsin precedent, and I doubt that the Supreme Court will give her three tries to get that right.  Furthermore, her commentary about the legislature’s ability to work around her won’t exactly be seen as uninterested jurisprudence, either.

This puts even more pressure on the Supreme Court to take the case immediately and clarify matters, not the least of which is Sumi’s attempt to enjoin parties not part of the original lawsuit.


Related Posts:

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Comment pages: 1 2 3

Is that Al Franken’s older brother with a wig on?? crikey…

ted c on March 31, 2011 at 11:02 AM

Why aren’t they just passing it again? I swear, Republicans are dumber than a bag of rocks. There’s nothing that can save this ridiculously stupid, worthless party.

Darth Executor on March 31, 2011 at 11:04 AM

This is the judge whose son is an anti-Walker union activist, right?

amerpundit on March 31, 2011 at 11:04 AM

Judge Maryann Sumi has revised her temporary restraining order yet again in order to stop the state of Wisconsin from enforcing its reform bill:

we are literally doing this ‘on the fly‘…..oh wait, that was Gates that said that…

ted c on March 31, 2011 at 11:04 AM

The only thing worse than a political hack judge is a stupid political hack judge.

AZCoyote on March 31, 2011 at 11:04 AM

Is that Al Franken’s older brother with a wig on?? crikey…

ted c on March 31, 2011 at 11:02 AM

No, it’s just Al Franken’s older brother.

Dopenstrange on March 31, 2011 at 11:04 AM

Why aren’t they just passing it again? I swear, Republicans are dumber than a bag of rocks. There’s nothing that can save this ridiculously stupid, worthless party.

Darth Executor on March 31, 2011 at 11:04 AM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

So, she finally got it through her head that she couldn’t enjoin non-parties. So she has come up with Plan B on her third try.

This woman is an incompetent fool and a disgrace to the bench.

If the folks in Wisconsin don’t wake up, corrupt Democrats and their Union bosses are going to return the state government to the cesspool it so recently was.

novaculus on March 31, 2011 at 11:06 AM

To steal from Andrew Jackson, “Judge Sumi has made her ruling, now let’s see her enforce it… especially since Wisconsin case law says she CAN’T do what she’s doing.”

teke184 on March 31, 2011 at 11:06 AM

Did she bang her shoe on the desk like Khrushchev did to make sure everyone knows she is extra super duper serious now?

FireFly on March 31, 2011 at 11:06 AM

OK, she’s just beclowning herself now. Where are the senior judges to shut her down?

HBowmanMD on March 31, 2011 at 11:07 AM

Sumi re-issued her order on Tuesday — and this time she has warned that anyone who violates it will face sanctions.

Althouse has a good discussion on this. Some lawyers over there are wondering WTF?

a capella on March 31, 2011 at 11:07 AM

Judge Maryann Sumi should have recused herself entirely from the Wisconsin battle due to her inability to be neutral in this case. You see, Maryann Sumi has a clear conflict of interest. Her son is a political operative who also happens to be a former lead field manager with the AFL-CIO and data manager for the SEIU State Council. Both the SEIU and the AFL-CIO have members who are public-sector employees in Wisconsin. In fact, as a federation, the AFL-CIO can boast of several member-unions that represent public-sector employees.

This women needs to stop ruling on this case immediately. She is also the judge that refused to make the teachers go back to work. To say she is partial is an understatement.

sammypants on March 31, 2011 at 11:07 AM

that wig couldn’t be any more obvious unless she was actually wearing the chinstrap along with it….

jus sayin..

ted c on March 31, 2011 at 11:08 AM

This is what happens when one gets a Judge who is considered a ‘reliable liberal’ on the bench…Hubris and ideology trumps law.

JIMV on March 31, 2011 at 11:08 AM

Is that Al Franken’s older brother with a wig on?? crikey…

ted c on March 31, 2011 at 11:02 AM
No, it’s just Al Franken’s older brother.

Dopenstrange on March 31, 2011 at 11:04 AM

ROFLMAO!!!

Did this idiot study law, or just hit herself in the head with law books til she went stupid???

capejasmine on March 31, 2011 at 11:08 AM

Has there ever been a law before that had a TRO issued because of a possible procedural flaw?????

This is the definition of judicial activism.

BierManVA on March 31, 2011 at 11:08 AM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

If that is the case, this all falls on their heads. What a shame!

a capella on March 31, 2011 at 11:09 AM

So if Walker simply ignores the judge’s order to stop implementing the law, will the media notice that Pres Obama is doing exactly the same in continuing the deep water drilling moratorium?

thuljunior on March 31, 2011 at 11:10 AM

From headlines comments.

The effect of the ruling is to make Democrat SecState Doug La Follette an Übergovernor, who can render moot the governor and the 132 members of the Legislature by refusing to designate a date of publication of any and all acts passed by the Legislature and signed by the governor.

steveegg on March 31, 2011 at 11:04 AM

I wouldn’t go that far. The SOS must publish within 10 days but it does set very dangerous presedent of the judical branch becoming the arbitor of legislative rules.

WisRich on March 31, 2011 at 11:10 AM

Despots in robes. This is why all judges must eventually face the electorate.

KingGold on March 31, 2011 at 11:10 AM

You have no honor, your Honor.

kingsjester on March 31, 2011 at 11:10 AM

This is what happens when one gets a Judge who is considered a ‘reliable liberal’ on the bench…Hubris and ideology trumps law.

JIMV on March 31, 2011 at 11:08 AM

I hope the voters of WI see this and consider this twit’s actions when they vote for judges…

ladyingray on March 31, 2011 at 11:11 AM

So if Walker simply ignores the judge’s order to stop implementing the law, will the media notice that Pres Obama is doing exactly the same in continuing the deep water drilling moratorium?

thuljunior on March 31, 2011 at 11:10 AM

And the healthcare law?

KingGold on March 31, 2011 at 11:11 AM

This is the judge whose son is an anti-Walker union activist, right?

amerpundit on March 31, 2011 at 11:04 AM

Ameripundit,

I’m not sure about her son (and I’m not sure why his political allegiance matters…?) but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Jeez I’ve never wanted to see pitchforks and tarring and feathering more in my life.

fossten on March 31, 2011 at 11:13 AM

It couldn’t be more clear; impeach this activist Judge immediately… We can’t have politics like this rule the land.

Keemo on March 31, 2011 at 11:13 AM

Collective bargaining for public employees is guaranteed in both the US and WI constitutions! Thomas Jefferson made it the cornerstone of the Declaration too. She is on solid ground here.

/

mankai on March 31, 2011 at 11:13 AM

Ameripundit,

I’m not sure about her son (and I’m not sure why his political allegiance matters…?) but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Not sure why that matters, to use your logic.

fossten on March 31, 2011 at 11:13 AM

I’m not sure about her son (and I’m not sure why his political allegiance matters…?) but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

It matters not who appointed her. So, I assume you are totally fine with Clarence Thomas not recusing himself from any suit involving obamacare?

ladyingray on March 31, 2011 at 11:14 AM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

B.S. Don’t believe it. The Republicans have crossed the Rubicon on this bill and they know it. There’s no use in trying to undo this and they shouldn’t. They could pass it again easily. The fighting for the principal of seperation of powers.

WisRich on March 31, 2011 at 11:14 AM

but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Irrelevant

BierManVA on March 31, 2011 at 11:14 AM

“Judge Sumi made clear in comments from the bench (on Tuesday) that she intended to prevent further implementation of Act 10 by anyone including, apparently, non-parties such as myself and the Department of Administration. Yet, the (temporary restraining order) she issued fails to state that Act 10 is not in effect. In fact, Judge Sumi declined a request to declare that Act 10 was not lawfully published. It is unclear how she can issue an order binding non-parties to a case who have not had their day in court,” Huebsch said in the statement.

(emphasis added)

It is unclear how she can enjoin non-parties because she can’t.

So now she stops enforcement by declaring that the act hasn’t actually been published, even though it has. This nincompoop’s orders are riddled with irrelevancies and errors. Any competent appellate court would rip these findings and orders to shreds, but the Wisconsin appellate judges in question are apparently afraid to do their jobs and are punting to the Supreme Court. The same court the unions and Democrats are attempting to put a partisan judge on, even though it is supposed to be a non-partisan election.

Who wants to run Wisconsin more? The people, or the union thugs and the corrupt Democrats?

novaculus on March 31, 2011 at 11:14 AM

Point of order – what will decide whether Lawgiver-In-Black Sumi’s seizure of power in contravention of Wisconsin Supreme Court precedent will hinge on one thing – the state Supreme Court election on Tuesday. If radical Green Party supporter and persecutor of waterfront property owners Joanne Kloppenberg defeats Justice David Prosser, it’s all over for Wisconsin.

steveegg on March 31, 2011 at 11:15 AM

I’m not sure about her son (and I’m not sure why his political allegiance matters…?) but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Translation: I’m going to ignore the facts about her son and try and obfuscate her egregious overreach by making a reference to a RINO as though it’s relevant.

mankai on March 31, 2011 at 11:15 AM

WisRich on March 31, 2011 at 11:14 AM

I would hope they would vote for it again, or everything they have been through would have been a waste.

ladyingray on March 31, 2011 at 11:15 AM

It couldn’t be more clear; impeach this activist Judge immediately… We can’t have politics like this rule the land.

Keemo on March 31, 2011 at 11:13 AM

Impeach them all. Let God separate them.

JellyToast on March 31, 2011 at 11:15 AM

but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

thereby, her actions are validated, right.

pshaw

ted c on March 31, 2011 at 11:16 AM

Why isn’t she recusing herself? Oh, right! She’s a liberal….

ultracon on March 31, 2011 at 11:16 AM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

I doubt that. If they chickened out now after everything they’ve been through, then what the hell was the point of all of this? That would leave them with a PO’d left and an equally disgruntled right. Not exactly a recipe for electoral success.

Doughboy on March 31, 2011 at 11:17 AM

Who wants to run Wisconsin more? The people, or the union thugs and the corrupt Democrats?

novaculus on March 31, 2011 at 11:14 AM

This. If the people elect that partisan judge, then they can swim in the sewer they have provided themselves and stop whining about it.

ladyingray on March 31, 2011 at 11:17 AM

Why aren’t they just passing it again? I swear, Republicans are dumber than a bag of rocks. There’s nothing that can save this ridiculously stupid, worthless party.

Darth Executor on March 31, 2011 at 11:04 AM

I think its because the state senate won’t be in session again until April 5th or something like that.

It’d be nice if republicans started an impeachment/recall campaign against Sumi, after they take care of the doctors and teachers who committed fraud.

Iblis on March 31, 2011 at 11:18 AM

…it is hereby declared that 2011 Wisconsin Act 10 has not been published

Cool. She can just declare stuff — shazaam! — like that?

I’d like the sun to have risen in the West this morning. What do you suppose she’d charge for that declaration?

No, wait, don’t trouble yourself; I’ll call the local union since they obviously know her rates.

Troll Feeder on March 31, 2011 at 11:19 AM

Ameripundit,

I’m not sure about her son (and I’m not sure why his political allegiance matters…?)

Translation: I’m going to ignore the fact that her closest family members have financial and ideological interests in ruling for the unions, because that’s inconvenient to the next point I’m trying to make.

but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Translation: I’m hoping to give Sumi credibility by pointing out that she was appointed by Tommy Thompson, a milquetoast former Bush admin official who had to leave the presidential race early because no one cared he was there.

Big whoop. David Souter was appointed by George H.W. Bush, and Anthony Kennedy was appointed by Ronald Reagan. Since then both men have been pains in the ass to the extent their souls have permitted.

amerpundit on March 31, 2011 at 11:19 AM

Why aren’t they just passing it again? I swear, Republicans are dumber than a bag of rocks. There’s nothing that can save this ridiculously stupid, worthless party.

Darth Executor on March 31, 2011 at 11:04 AM

I have been wondering the same thing. The only reason not to is it can easily call attention to the President doing the same thing with ObamaCare even though it was declared unconstitutional.

jeffn21 on March 31, 2011 at 11:19 AM

Great! The all-knowing crr6 has weighed in…and its ignorance is glaring, yet again.

Sporty1946 on March 31, 2011 at 11:21 AM

I’m not sure about her son (and I’m not sure why his political allegiance matters…?) but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Eisenhower appointed Earl Warren. Nixon appointed Harry Blackmun. GHWB appointed Souter. For that matter, JFK appointed Whizzer White, who was pretty conservative. That’s meaningless. Try again.

Mr. D on March 31, 2011 at 11:23 AM

Let’s start with Maryann Sumi’s son. He is a campaign consultant/field strategist for “Left Field Strategies” where, we are told:

Jake Sinderbrand has developed his professional political experience serving as a lead field manager with the AFL-CIO and as data manager for the SEIU State Council through the 2008 election cycle.

Lest the afore-mentioned be too subtle, young Jake’s Facebook page is anchored by a disparaging image of Governor Walker. The judge’s husband is Carl Sinderbrand, a partner at Axley Brynelson, who donated $500 to Barrett for Governor on March 18, 2010, and another $250 on July 22, according to on-line G.A.B. records I found. Judge Sumi should have recused.

But she was appointed 13 years ago by Tommy Thompson, so she’s allowed to have as many conflicts of interest as she wants.

/

mankai on March 31, 2011 at 11:23 AM

Great! The all-knowing crr6 has weighed in…and its ignorance is glaring, yet again.

Sporty1946 on March 31, 2011 at 11:21 AM

You’ll notice she’s back in hiding…

ladyingray on March 31, 2011 at 11:23 AM

crr6 would have gotten the BS TRO right in less time and attempts than this inept and hypocritical “judge.”

Steel on March 31, 2011 at 11:24 AM

I’m still waiting on our resident wannabe legal authority to comment on the competence and wisdom reflected in an order that reflects a failure to recognize the necessary parties have not been joined, and then attempts to enjoin those non-parties anyway.

Effing genius.

novaculus on March 31, 2011 at 11:24 AM

You’ll notice she’s back in hiding…

ladyingray on March 31, 2011 at 11:23 AM

Naturally.

Sporty1946 on March 31, 2011 at 11:25 AM

This so-called judge knows she’s in over her head but she’s trying to buy time for the unions. It’s a stalling technique, they’re hoping to put a Liberal judge in to replace Prosser. But even if Prosser is defeated he still serves until August.

Deanna on March 31, 2011 at 11:25 AM

Now we can see what Mark Levin means by judicial activism run amok! The democrats are not only solidifying their power grabs from above, but workign from below through the state and local courts by padding them with these policital activists. God help Scott Walker – he’s a tough cookie, too, and I have confidence he’s proceeding with caution and getting good legal advice and will triumph in the end. But we have to support him and protect him from all the democrat and their union goons’ dirty tricks.

mozalf on March 31, 2011 at 11:25 AM

Furthermore, the judge’s ruling is bad law, suitably demolished by Rick Eisenberg, Marquette law professor. Quite simply, the open meetings statute cannot supersede the legislature’s own rules since the statute itself is a creation of the legislature.

Here is a thought: Minority Leader Peter Barca alleges not enough notice was given for the Conference Committee yet, somehow, there was enough notice for him to attend. The other members were already in contempt of the Senate for skipping.

But I prefer the opinions of a first-year law student with a political axe to grind.

/

mankai on March 31, 2011 at 11:26 AM

Here’s the volunteer email address for Prosser:

info@justiceprosser.com

Get set up with a phone bank, and crank out the calls. This is a national issue. Let’s do this.

Weight of Glory on March 31, 2011 at 11:27 AM

Based on everyone’s concern over Judge Sumi’s son’s politics, I’m going to assume that you all believe that Justice Thomas should recuse himself from all politically charged cases (especially any possible future case involving the PPACA). After all, his wife is a Tea Party and Republican activist.

:)

crr6 on March 31, 2011 at 11:27 AM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

If that happens, then thuggery has won the day. That can’t happen, not in this country.

And Judge Sue-Me is commiting the judicial equivalent of banging on the bottom of a 5-gallon bucket and yelling “Shame,shame!” She is in a last-ditch flail to try and stop the will of the people as expressed at the polls last November. It won’t work.

iurockhead on March 31, 2011 at 11:29 AM

Based on everyone’s concern over Judge Sumi’s son’s politics, I’m going to assume that you all believe that Justice Thomas should recuse himself from all politically charged cases (especially any possible future case involving the PPACA). After all, his wife is a Tea Party and Republican activist.

:)

crr6 on March 31, 2011 at 11:27 AM

We’ll make you a deal. Thomas recuses himself from any case involving Obamacare as long as Kagan does likewise.

Doughboy on March 31, 2011 at 11:30 AM

Deanna on March 31, 2011 at 11:25 AM

Yes. Unable to craft a proper order, she is wielding her authority like a club.

Note: This situation suggests that plaintiffs’ counsel are just as incompetent as she is. They should have joined the proper parties in the first place. Then they should have given her a proposed order, properly crafted, since she is obviously a few volumes short of a full law library. But if those fools don’t even know enough to serve the proper parties, little wonder that they couldn’t craft an effective order.

This isn’t complicated procedure.

novaculus on March 31, 2011 at 11:31 AM

Did this idiot study law, or just hit herself in the head with law books til she went stupid???

capejasmine on March 31, 2011 at 11:08 AM

I hear that’s how crap666 will get thru supposed law school.

Someone once replied to crap666 “You’re gonna make one helluva personal injury lawyer” …… man, that cracked me up.

It matters not who appointed her. So, I assume you are totally fine with Clarence Thomas not recusing himself from any suit involving obamacare?

ladyingray on March 31, 2011 at 11:14 AM

Nice smackdown.

Jerome Horwitz on March 31, 2011 at 11:31 AM

They need to tell that left wing activist judge to stick it in her ear or the orifice of her choice. It’s past time to stop this leftist garbage and simply not comply.

rplat on March 31, 2011 at 11:31 AM

Based on everyone’s concern over Judge Sumi’s son’s politics, I’m going to assume that you all believe that Justice Thomas should recuse himself from all politically charged cases (especially any possible future case involving the PPACA). After all, his wife is a Tea Party and Republican activist.

:)

crr6 on March 31, 2011 at 11:27 AM

If Justice Thomas has a history of ruling against the constitution to support his wife’s will, then yes. I haven’t seen that. If she was following existing law, we wouldn’t have a problem with her.

iurockhead on March 31, 2011 at 11:32 AM

Sumi re-issued her order on Tuesday — and this time she has warned that anyone who violates it will face sanctions.

Sanctions??? Who the hell does this woman think she is—the UN?????

Rovin on March 31, 2011 at 11:32 AM

So, I assume you are totally fine with Clarence Thomas not recusing himself from any suit involving obamacare?

ladyingray on March 31, 2011 at 11:14 AM

…yeah.

crr6 on March 31, 2011 at 11:32 AM

Oh, and that Supreme Court precedent that was just ignored held that Wisconsin’s courts had no jurisdiction to prevent publication of an act even in the face of a challenge to the constitutionality of an action taken by the Legislature during passage (in the specific case of Goodland v Zimmerman, it was whether “paired votes” counted toward the constitutionally-required 2/3rds-present requirement for an override of a governor’s veto).

steveegg on March 31, 2011 at 11:32 AM

I would hope they would vote for it again, or everything they have been through would have been a waste.

ladyingray on March 31, 2011 at 11:15 AM

If an activist judge is going to ignore WI law, Supreme Court precedent and the fact that she has no standing in the matter…

…why do you think she wouldn’t do the same if the legislature re-voted on it?

Re-voting sends a message that the Republicans admit they did something wrong…

…AND it doesn’t get us anywhere because this same judge will make up something else to stop the new bill.

Best to fight this battle now.

Religious_Zealot on March 31, 2011 at 11:33 AM

I read somewhere that the GOP will have defectors who won’t vote to pass it again because they are afraid.

ladyingray on March 31, 2011 at 11:05 AM

Then they deserve their coming recalls.

Scary thing is, Prosser will probably get stomped.

Adamski on March 31, 2011 at 11:34 AM

crr6 on March 31, 2011 at 11:27 AM

No, cur. Maybe in a world where everyone plays by the same rules but you leftists don’t. You have no ethics and you lie. Therefore, we do not support unilateral disarmament any longer.

Sporty1946 on March 31, 2011 at 11:35 AM

crr6 on March 31, 2011 at 11:32 AM

At least you’re consistent.

What about Kagan?

ladyingray on March 31, 2011 at 11:37 AM

crr6 on March 31, 2011 at 11:27 AM

All totally moot crr6, since the state legislature will just re-introduce the same legislation, (to legally satisfy the loony-left and this “judge”), and pass it again.

Rovin on March 31, 2011 at 11:38 AM

“So Sumi”, she says.

The Mega Independent on March 31, 2011 at 11:38 AM

All totally moot crr6, since the state legislature will just re-introduce the same legislation, (to legally satisfy the loony-left and this “judge”), and pass it again.

Rovin on March 31, 2011 at 11:38 AM

Again…

…considering that this judge is simply make stuff up in her attempt to stop the law…

…why do you think re-passing the law would make a lick of difference to her?

She would simply make something else up and we’d be right back here.

Best to fight this fight now.

Religious_Zealot on March 31, 2011 at 11:41 AM

But even if Prosser is defeated he still serves until August.

Deanna on March 31, 2011 at 11:25 AM

Heh. Didn’t know that.

ladyingray on March 31, 2011 at 11:41 AM

Best to fight this fight now.

Religious_Zealot on March 31, 2011 at 11:41 AM

I don’t disagree with your comments, and I don’t think they should re-vote on it right now. Wait to see what happens in the courts.

ladyingray on March 31, 2011 at 11:42 AM

This will end badly for the judge. She made doo doo on herself.

Mason on March 31, 2011 at 11:43 AM

Big whoop. David Souter was appointed by George H.W. Bush, and Anthony Kennedy was appointed by Ronald Reagan. Since then both men have been pains in the ass to the extent their souls have permitted.

amerpundit on March 31, 2011 at 11:19 AM

If you read parts of his memoirs, Rudman basically admits that he lied through his teeth about Souter, selling him as a ‘conservative homerun’ to Sununu, who then sold him to Daddy Bush.

Hilariously, Kerry and Teddy Kennedy voted against his confirmation, and compared his ideology to Robert Bork’s.

Good Solid B-Plus on March 31, 2011 at 11:43 AM

but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

So a judge appointed by a Republican is by definition correct then. Interesting.

angryed on March 31, 2011 at 11:43 AM

At least you’re consistent.

What about Kagan?

ladyingray on March 31, 2011 at 11:37 AM

No, she shouldn’t recuse herself either. I’ve written about this before. 99% of the calls for recusal you’ll see from both sides are complete bs.

No, cur. Maybe in a world where everyone plays by the same rules but you leftists don’t. You have no ethics and you lie. Therefore, we do not support unilateral disarmament any longer.

Sporty1946 on March 31, 2011 at 11:35 AM

Right, so you have one set of standards for your side, and another set of standards for the left. I wish more people on your side would just admit that outright like you did, because that’s obviously what’s going on.

crr6 on March 31, 2011 at 11:44 AM

the rule of law is dead. Long live chaos!

unseen on March 31, 2011 at 11:44 AM

but I do know Judge Sumi was originally appointed by Tommy Thompson, a Republican.

crr6 on March 31, 2011 at 11:12 AM

Irrelevant

BierManVA on March 31, 2011 at 11:14 AM

SUSTAINED!

Chuck145 on March 31, 2011 at 11:46 AM

This is probably one of the best examples of judicial activism available.

BadgerHawk on March 31, 2011 at 11:46 AM

crr6 on March 31, 2011 at 11:44 AM

I missed all your awesomely awesome logic on this, how about a repeat? She’s already recused herself from over 20 cases, why those and not obamacare?

ladyingray on March 31, 2011 at 11:47 AM

Right, so you have one set of standards for your side, and another set of standards for the left. I wish more people on your side would just admit that outright like you did, because that’s obviously what’s going on.

crr6 on March 31, 2011 at 11:44 AM

The only standard is following the Constitution. I think that point was quite clear.

ladyingray on March 31, 2011 at 11:47 AM

But even if Prosser is defeated he still serves until August.

Deanna on March 31, 2011 at 11:25 AM
Heh. Didn’t know that.

ladyingray on March 31, 2011 at 11:41 AM

But the WI Chief Justice is liberal, and could drag this out on the calendar (if she has that control) until August.

Wethal on March 31, 2011 at 11:48 AM

For those of you who were wondering why the Legislature doesn’t “simply” revote the matter, consider the Dane County DA is taking no action on the most-public of the death threats against the Republican Senators.

steveegg on March 31, 2011 at 11:48 AM

Right, so you have one set of standards for your side, and another set of standards for the left. I wish more people on your side would just admit that outright like you did, because that’s obviously what’s going on.

crr6 on March 31, 2011 at 11:44 AM

No, I’d be just fine with Thomas recusing himself if I thought the left cared a whit about fairness and conflicts of interest.

But there’s no chance of reciprocation, so why do it?

Good Solid B-Plus on March 31, 2011 at 11:48 AM

I missed all your awesomely awesome logic on this, how about a repeat? She’s already recused herself from over 20 cases, why those and not obamacare?

ladyingray on March 31, 2011 at 11:47 AM

Because the SG’s office actually worked on those cases while she was SG.

crr6 on March 31, 2011 at 11:49 AM

Putting this back in the legislature for another vote is just a non-starter. Unless forced by the WI Supreme Court, it’s pointless at this point to re-pass it and get the Dems fleeing again, etc.=. It’s gonna work through the courts, and that’s probably the best option left.

Apologetic California on March 31, 2011 at 11:49 AM

I really, really like how the Democrats are left in the position of having to argue to make teachers paychecks smaller.

BadgerHawk on March 31, 2011 at 11:50 AM

No, I’d be just fine with Thomas recusing himself if I thought the left cared a whit about fairness and conflicts of interest.

Good Solid B-Plus on March 31, 2011 at 11:48 AM

Why do you think Thomas should recuse himself? That’s retarded.

crr6 on March 31, 2011 at 11:50 AM

Walker….ignore the judge…keep going…after all, who pays any attention to laws or the Constitution these days anyway…

PatriotRider on March 31, 2011 at 11:50 AM

Putting this back in the legislature for another vote is just a non-starter. Unless forced by the WI Supreme Court, it’s pointless at this point to re-pass it and get the Dems fleeing again, etc.=. It’s gonna work through the courts, and that’s probably the best option left.

Apologetic California on March 31, 2011 at 11:49 AM

Yea but by the time this happens one or more Rep senators may be recalled.

angryed on March 31, 2011 at 11:50 AM

Yea but by the time this happens one or more Rep senators may be recalled.

angryed on March 31, 2011 at 11:50 AM

I doubt that will happen.

If it does, though, remember that there are recall efforts underway against the runaway Dems.

My guess is that whatever way it ends up (recalls or no recalls), the legislature will wind up basically in the same place (i.e. if a Dem replaces a recalled Repub, a Repub will also replace a recalled Dem).

Religious_Zealot on March 31, 2011 at 11:54 AM

Why aren’t they just passing it again? I swear, Republicans are dumber than a bag of rocks. There’s nothing that can save this ridiculously stupid, worthless party.
Darth Executor on March 31, 2011 at 11:04 AM

I think they will if it comes to it that it’s necessary to do so. I don’t buy the “GOp detectors” nonsense.

There is one prevailing reason above all else to not pass it again, at least for the next few days – the judicial election. Passing it before then might only embolden liberals and unions to get out and defeat Prosser…..which sadly, might be the likely outcome, but to pass this on the eve of that election might absolutely doom Prosser for sure.

So, wait till that’s over, one way or another, then pass it again, unless they want to wait till the WI SC rules on it.

Vyce on March 31, 2011 at 11:56 AM

Why do you think Thomas should recuse himself? That’s retarded.

crr6 on March 31, 2011 at 11:50 AM

I don’t, but we both know how the left has been framing the narrative: if Kagan recuses herself, then Thomas needs to do the same.

Which is fine. Everyone knows how those two would vote, anyway.

Good Solid B-Plus on March 31, 2011 at 11:56 AM

Why has no one stepped in to nullify this judge? She should’ve recused herself long ago, and failing that, is there no authority that can effectively render her ‘recused’?

Midas on March 31, 2011 at 11:58 AM

There is one prevailing reason above all else to not pass it again, at least for the next few days – the judicial election. Passing it before then might only embolden liberals and unions to get out and defeat Prosser…..which sadly, might be the likely outcome, but to pass this on the eve of that election might absolutely doom Prosser for sure.

I’ll give you a better reason…

…re-passing the bill won’t stop the same judge from stopping the law based on some other made-up reason.

Religious_Zealot on March 31, 2011 at 11:59 AM

She does not have legal jurisdiction in the matter. If I was the governor I would make public statement making that clear

georgealbert on March 31, 2011 at 11:59 AM

Comment pages: 1 2 3