WI Republicans will have to be courageous one more time

posted at 6:12 pm on May 26, 2011 by Tina Korbe

How could Wisconsin Dane County Circuit Judge Maryann Sumi do otherwise than strike down Gov. Scott Walker’s collective bargaining bill? Her son, remember, was a former field manager for both the Service Employees International Union and the AFL-CIO.

Of course, Sumi promised her son’s prior affiliations wouldn’t affect her in any way. “My kids are adults, they are independent and they lead their own lives. I do not consult my family about my decisions,” she said in a statement in March, after conservative bloggers at Big Government and elsewhere first called the conflict to light.

Maybe Sumi wasn’t biased against the bill. But if that was hard to believe before, it’s even harder to believe now, after she has dismantled it entirely and with flimsy justification. What’s worse is Republicans are by no means guaranteed an appeal to the state Supreme Court:

Republicans may not be able to appeal to higher courts in this instance. That’s because, as a Democratic state Senate aide explained, Republicans asserted legislative immunity so they would not be party to the case when it was initially considered. Democrats, instead, took up the defense, so as to allow a legal challenge to come forward.

So without a member of the defense interested in an appeal (the Democrats certainly won’t petition for one), it’s not entirely clear how the case moves forward.

Fortunately, there’s another way:

Democrats widely expect Republicans in the state legislature to simply attempt to re-pass the measure as law, and this time, the Democratic state senators won’t be leaving the state to slow down the process. …

The only way the outcome could change, Carpenter believes, is if some of the Republican senators facing recall elections change their minds.

It must be extremely nerve-wracking to face a recall election as a politician, but the bill has been a sound piece of legislation from the start and the Republicans, even those whose own political futures are uncertain, know this. They’ve demonstrated courage and resolve in the face of countless protesters, 14 irresponsibly absent senators and one clearly partial judge. Which would be worse to lose — a recall election or the courage of conviction and principled perseverance they’ve come to be known for? If the tenacity they’ve shown in the past is any indication, they’ll repass the bill.

 


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Its a simple thing. Just vote on it again.

Hell, even jugears took the Oath of Office twice…just in case.

BobMbx on May 26, 2011 at 6:16 PM

Republicans may not be able to appeal to higher courts in this instance. That’s because, as a Democratic state Senate aide explained, Republicans asserted legislative immunity so they would not be party to the case when it was initially considered.

I find there it very hard to believe there isn’t one named defendant sympathetic to appealing the case. The Republican’s are in the majority. Wasn’t counsel for the senate named as defenders?

Rocks on May 26, 2011 at 6:23 PM

Wait a minute. This makes no sense at all. The State Supreme Court already has arguments scheduled for this case for June 6th. It already has been appealed. A court doesn’t hear arguments to hear a case if no one is making an appeal.

Rocks on May 26, 2011 at 6:27 PM

If procedure is so important then:

The national health care bill, called Obama Care, raises revenue and all such bills must originate in the House of Representatives.

Obama Care was entirely written in the Senate and the House was not allowed to touch it.

DOA if I am on the SCOTUS.

The Rock on May 26, 2011 at 6:28 PM

Reps immunity has nothing to do with a judge making a decision – based on a technicality that doesnt exist.

Reps should simply ignore the rogue judge, for they have met their Legislative standard.

IF they ignored the judge… guess who needs to intervene… WI SC.

Have them rule on the bogus technicality, when its thorwn out – the Bill is considered passed and posted.

Odie1941 on May 26, 2011 at 6:28 PM

Pass it again. It will make the Dem heads explode yet again.

angryed on May 26, 2011 at 6:42 PM

DOA (Department of Administration) Secretary Mike Huebsch said the case would be pursued before the Supreme Court.

This whole story is stupid. The case is being appealed.

Rocks on May 26, 2011 at 6:51 PM

Remember the ace-in-the-hole here. If the collective bargaining limitations are not implemented, the layoffs will be.

Game. Set. Match.

LooseCannon on May 26, 2011 at 6:55 PM

DOA (Department of Administration) Secretary Mike Huebsch said the case would be pursued before the Supreme Court.
This whole story is stupid. The case is being appealed.

Rocks on May 26, 2011 at 6:51 PM

Good post, point I have been making all day… the June 6th argument is whether or not this judge can even rule.

Thank you for that.

Odie1941 on May 26, 2011 at 7:02 PM

This whole story is stupid. The case is being appealed.

Rocks

Not yet it isn’t. Saying they will appeal it isn’t the same thing as appealing. It hasn’t been appealed until they actually appeal it.

xblade on May 26, 2011 at 7:08 PM

Judge Sumi should be disbarred as well.

capejasmine on May 26, 2011 at 7:11 PM

It will be appealed because Sumi lied. there was a senate rule for special session that over ruled the open meeting law.

Zaggs on May 26, 2011 at 7:18 PM

Yesterday the Wisconsin Dept of Justice sent Sumi notice that they were planning to seek her recusal from the the case, partly because she had weighed in with her views on the case to the WI Supreme Court. In other words she was talking about her own views on the case she was supposed to rule. Once Sumi learned the DOJ was gonna seek her recusal, she hopped to it in less than 24 hrs to render her “judgement”. Is this not evidence of Sumi’s bias?
 
In Dane County, the American system is broken. The Left simply does what it wants. It is exactly what democracy does not look like.
 
We’ll see if WI Republican legislators have the courage and intestinal fortitude to pass the law again.

ignatzk on May 26, 2011 at 7:23 PM

They should’ve passed it long ago. It was really dumb, in my opinion, not to pass the bill en masse when the flee-baggers came back.

SouthernGent on May 26, 2011 at 7:36 PM

Judge Sumi should find her salary removed from the next state budget.

Metanis on May 26, 2011 at 8:39 PM

They should pass a STRONGER bill, and it should begin with a “whereas” to the effect that the previous bill was passed under circumstances (including personal danger to legislators) that rendered the procedural requirement inoperative, but that the judiciary has failed to recognize the danger posed (and citing the dollar costs of the “demonstrations”–ie. riots), the new bill is passed to replace it.

When THAT bill is taken to court, it should be passed AGAIN without the preamble, and if a judge strikes it down, the next step is to use the law and the amendment process to tie down the mad-dog judiciary.

njcommuter on May 26, 2011 at 8:51 PM

SouthernGent on May 26, 2011 at 7:36 PM

Bingo.

Saltysam on May 26, 2011 at 9:02 PM

This is ridiculous. How can the people of WI feel safe if an activist judge can issue rulings that are clearly out of bounds. This judge and others like her could use their gavel to rule unlawfully in favor of any group that wants to have it go their way. To any one cheering her decisions, remember the worm can turn on you as well.

Kissmygrits on May 27, 2011 at 10:31 AM