Wisconsin DoJ files brief with state Supreme Court to vacate Sumi ruling

posted at 7:10 pm on May 27, 2011 by Ed Morrissey

Color the Wisconsin Department of Justice less than impressed with Maryann Sumi.  According to a brief filed today with the state Supreme Court, Judge Sumi made so many errors in her ruling that threw out the PEU reform passed by the state legislature that it amounts to “a fundamental denial of due process”:

The state Department of Justice asked the state Supreme Court on Friday to immediately vacate a judge’s decision that voided a plan by Gov. Scott Walker to greatly limit collective bargaining for public workers.

In its filing, the department said Dane County Judge Maryann Sumi made so many errors in a ruling Thursday and that the Supreme Court should throw out her decision even before it hears oral arguments in the case June 6.

“These errors amount to a fundamental denial of due process and reveal the extent to which the circuit court was willing to exceed its jurisdiction in order to invalidate a politically controversial act of the Legislature,” wrote Deputy Attorney General Kevin St. John.

The WDoJ had already filed an appeal with the Supreme Court based on earlier actions by Sumi, but this is the first request to throw out the ruling published yesterday.  Among the grounds for reversal listed: Sumi never held a hearing on whether a violation of the open-meetings law was sufficient to overturn law passed by the full legislature, as well as a violation of legislative immunity during the session.  The court has already scheduled a hearing for June 6th on the previous requests, and the new filing will almost certainly be added to the same hearing.

Expect David Prosser to participate.  Earlier in the week, the elections board certified Prosser the winner over JoAnn Kloppenburg with a 7,004-vote margin.  Kloppenburg has to decide by Tuesday whether to file a court appeal of the board’s certification of Prosser as the winner.  Prosser has no restrictions on hearing cases as a member of the court, however, and has no reason to recuse himself from this case — which is probably bad news for Judge Sumi.

Update: Rick Moran has a good roundup at Front Page Magazine as to why the WDoJ will likely prevail in this case:

Judge Sumi, appointed by former Republican Governor Tommy Thompson, badly botched the decision according to some legal experts. Christian Schneider atNational Review Online and others point to a glaring error made by Sumi, who wrote in her decision that the there was “no conflicting senate” rule that would contradict the open meeting law’s time requirements (24 hours notice for a legislative conference committee, from which a bill can then be brought to the floor).

But as law professor William Jacobson points out on his blog, there is indeed such a rule and that it specifically exempts committee meetings held during special sessions.

That’s not the only curious thinking in Judge Sumi’s opinion. Jacobson points to a critical precedent that says “courts must await a law coming into effect before ruling on the law, Goodland v. Zimmerman.” Sumi dismissed the impact of the precedent by claiming that it was decided before the open meeting law was passed. But Jacobson pointed out the obvious: “[T]he principle is the same; courts rule on legislation, courts do not stop legislation from being made.”

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Allah P still has some kinda boo boo? Get well AP!

sicoit on May 27, 2011 at 7:12 PM

git’er done boys!

cmsinaz on May 27, 2011 at 7:16 PM

Ed, I beg your forgiveness, I forgot to say EXCELLENT POST! My bad…..man, I need a do-over big time. :-(

sicoit on May 27, 2011 at 7:19 PM


Prosser has no restrictions on hearing cases — which is probably bad news for Judge Sumi.

Just made my weekend.. :]

Rachel Miller on May 27, 2011 at 7:20 PM

Can the citizens of WI get rid of this old bat sumi with an election? She would fit right in with bho’s team.
L

letget on May 27, 2011 at 7:23 PM

sicoit on May 27, 2011 at 7:19 PM

adult beverage time my friend

*clink*

cmsinaz on May 27, 2011 at 7:24 PM

Wonder is Judge Sumi has any offshore accounts that should be looked into. Any judge filing a ruling with this many errors just had to know higher courts would reject it. Something smells a little fishy here.

Rovin on May 27, 2011 at 7:30 PM

Please “KICK HER in the butt”, Judge Prosser!!!!!

bucko36 on May 27, 2011 at 7:36 PM

cmsinaz on May 27, 2011 at 7:24 PM

That’s part of my problem my friend, been imbibing since 4:30 PM ET. Been packing and trying to get rid of alot of “stuff” to get ready to go back to TX. Man, my back hurts, but I feel good about it! Wooot! *hiccup* :-)

sicoit on May 27, 2011 at 7:36 PM

Well she may be overruled but I bet she can still offer crr6 that summer clerkship, so she can learn from a master.

txmomof6 on May 27, 2011 at 7:37 PM

Send the Finn to the sauna.

Bruno Strozek on May 27, 2011 at 7:41 PM

Sumi’s Sumo is not strong!

pilamaye on May 27, 2011 at 7:42 PM

RELEASE THE HUMPBOTS!

Kini on May 27, 2011 at 7:43 PM

Be nice when commenting, because Charles Johnson thinks you’re a racist.

Chomsky Dance Recital on May 27, 2011 at 7:44 PM

It’s not rocket science here; this lady is bought and owned by others.. The largest organized crime ring in the past 200 years is none other than the Democrat Party and it’s many puppet masters. This woman follows orders, period and end of story.

Keemo on May 27, 2011 at 7:48 PM

Thank god they are challanging what many here, including myself, have been saying all along “She is a rogue, liberal hack – who violated process and rules, while opining on a technicality that never was a technicality”

Odie1941 on May 27, 2011 at 7:50 PM

I have absolutely no doubt that Judge Sumi will prevail. There’s no way this post will come back to bite me…

Count it!

/crr6 mode off – (I need a shower.)

massrighty on May 27, 2011 at 7:50 PM

Is it a requirement in the Liberal/Progressive world that their woman all look like an old worn out tire? Jeez…

Keemo on May 27, 2011 at 7:51 PM

Judge Sumis’ ruling is based on sound intentions and feelings. And there were no typos.

It is not appealable.

~Crr6

BobMbx on May 27, 2011 at 7:54 PM

Keemo on May 27, 2011 at 7:51 PM

Conservative women are hot enough for a calendar.

Try not to picture the liberal/progressive equivalent. It will damage your psyche.

massrighty on May 27, 2011 at 7:57 PM

Conservative women are hot enough for a calendar.

Try not to picture the liberal/progressive equivalent. It will damage your psyche.

massrighty on May 27, 2011 at 7:57 PM

And how did our very own TK get overlooked here? Hmmmm?

BobMbx on May 27, 2011 at 8:00 PM

She (and I use the term loosely) should be forced to eat nothing but lutefisk for the rest of her life.

The Evil Doctor K on May 27, 2011 at 8:09 PM

Sumi never held a hearing on whether a violation of the open-meetings law was sufficient to overturn law passed by the full legislature

Hearing? HEARING? We don’t need no stinkin hearing! Kneel before Trumka!

Rogue on May 27, 2011 at 8:30 PM

Unbelievable.

Republicans frequently appoint liberal justices.

Democrats never appoint conservative justices.

When will “we” learn?

mockmook on May 27, 2011 at 8:38 PM

And how did our very own TK get overlooked here? Hmmmm?

BobMbx on May 27, 2011 at 8:00 PM

Two year old calendar. TK hadn’t made the scene yet.
But, she’s clearly a contender, when they do it again.

massrighty on May 27, 2011 at 8:39 PM

Unbelievable.

Republicans frequently appoint liberal justices.

Democrats never appoint conservative justices.

When will “we” learn?

mockmook on May 27, 2011 at 8:38 PM

That is scary, isn’t it.

Mirimichi on May 27, 2011 at 8:47 PM

sicoit on May 27, 2011 at 7:36 PM

safe travels and cheers!

cmsinaz on May 27, 2011 at 8:50 PM

massrighty on May 27, 2011 at 7:57 PM

Amen.. :-)

Keemo on May 27, 2011 at 8:51 PM

Keemo on May 27, 2011 at 8:51 PM

Our men are manlier.
Our women are hotter.

massrighty on May 27, 2011 at 9:13 PM

Judge Sumi, appointed by former Republican Governor Tommy Thompson

May T. T. never be in politics, ever again.

Schadenfreude on May 27, 2011 at 9:17 PM

Why let incompetence get in the way of a bad ruling?

GrayDog on May 27, 2011 at 9:39 PM

Sumi was just re-elected in the same April election that Kloppenburg “thought/thinks” she won. Sumi ran unopposed.

kimsch on May 27, 2011 at 9:51 PM

A hyper-partisan, uber-Leftist Jurist with a MAJOR conflict of interest, a la her union activist son, making “a fundamental denial of due process” with her ruling on collective bargaining legislation??

That’s inconceivable.

locomotivebreath1901 on May 27, 2011 at 10:33 PM

Anxiously awaiting crr6 sage comments…

Khun Joe on May 28, 2011 at 1:09 AM

I looked at the calendar. I have MAJOR issue with Michelle Duggar and how her uber- fundamentalist Christian ‘values’ view the roles of girls and women with a family and society in general. IMHO she had no business being included with those strong,independent, conservative women.

annoyinglittletwerp on May 28, 2011 at 1:23 AM

I looked at the calendar. I have MAJOR issue with Michelle Duggar and how her uber- fundamentalist Christian ‘values’ view the roles of girls and women with a family and society in general. IMHO she had no business being included with those strong,independent, conservative women.

WTF? Probably posted on wrong threat, but what does that have to do with anything?

Back to the topic at hand: Not surprised. A leftist judge who denies the right due process. In other news, water found to be wet.

I smell a new round of leftist protests clogging up the Capitol.

englishqueen01 on May 28, 2011 at 12:43 PM

I looked at the calendar. I have MAJOR issue with Michelle Duggar and how her uber- fundamentalist Christian ‘values’ view the roles of girls and women with a family and society in general. IMHO she had no business being included with those strong,independent, conservative women.

annoyinglittletwerp on May 28, 2011 at 1:23 AM

I’m sorry that you’re so intolerant.

There Goes The Neighborhood on May 29, 2011 at 4:47 AM

I’m sorry that you’re so intolerant.

There Goes The Neighborhood on May 29, 2011 at 4:47 AM

I’m sorry you’re an ignorant tool who wouldn’t know intolerance if you tripped over it. Mrs. Clown-Car Uterus and her Frankenlitter are the laughingstock of the secular world and an embarrassment to any Christian with an IQ greater than plant life.

Uncle Sams Nephew on May 29, 2011 at 5:57 PM