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Liberalism: Why think when you can “feel”?

Wisconsin supreme court overturns liberal judicial activist’s ruling, reinstates collective bargaining limitation law

Not only did the WI supreme court overturn the leftist judicial activist hack’s ruling, the court (a) made the law effective immediately and (b) rhetorically backhanded this wench across her maw.

Check out Legal Insurrection‘s rundown of what happened.  It’s not long, but it is clear.  Summary:

WI legislature passes budget repair bill, which includes the limitations on public employee unions’ collective bargaining.  WI Democrats accuse the legislature of violating the Open Meetings Law in passing the budget repair bill.  WI Dems find a sympathetic judge in Maryann Sumi, who issues a Temporary Restraining Order and decrees that the bill (and not the law) cannot move forward due to the violation of the Open Meetings Law.

The state supreme court is appalled, on two fronts: (1) that a judge “exceeded its jurisdiction, invaded the legislature’s constitutional powers under Article IV, Section 1 and Section 17 of the Wisconsin Constitution, and erred in enjoining the publication and further implementation of the Act” (the court’s words, not mine); and (2) that a judge would outright ignore a prior state supreme court ruling (Goodland v. Zimmerman) that a court cannot rule a bill unconstitutional.  Courts can only rule on laws, not on bills that have yet to become law.  Quote the supreme court:

There is no such thing known to the law as an unconstitutional bill. A court cannot deal with the question of constitutionality until a law has been duly enacted and some person has been deprived of his constitutional rights by its operation.

Goodland v. Zimmerman was the case that affirmed such a prohibition of ruling on the constitutionality of bills.  Judge Sumi ignored that ruling, saying basically that “Yeah, but that ruling was done before the Open Meetings Law, so it’s not valid anymore.”  The WI supreme court said “Lady, you’re on some heavy doses of LSD if that’s what you think.”

Here’s where the supreme court really pops Judge Sumi in her kisser:

¶6 IT IS FURTHER ORDERED that all orders and judgments of the Dane County Circuit Court in Case No. 2011CV1244 are vacated and declared to be void ab initio. State ex rel. Nader v. Circuit Court for Dane Cnty., No. 2004AP2559-W, unpublished order (Wis. S. Ct. Sept. 30, 2004) (wherein this court vacated the prior orders of the circuit court in the same case).

¶7 This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature. …

Ace summarizes what void ab initio means:

Generally, when a higher court calls bullsh#t on a lower one, it’s called a remand, a declaration that the lower court got it wrong, and to try again.

Commenters are telling me the court ruled here ab initio, which (context clues, it’s been forever since I did anything law-oriented) means it’s expunged from memory altogether as being improperly entertained from the start, which means there is no remand to the lower court to try again. The higher court has said “Not only did you get this wrong, you got it so wrong we don’t trust you with another bite at the apple, so we’re directing your decision from here. It’s over. Done. Finished. Kaput.”

Ouch!  That’s gonna leave a mark!

Chalk up a victory to the rule of law.

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June 15, 2011 - Posted by | judiciary, unions, Wisconsin

2 Comments »

  1. Great news! Who says law can’t be fun?

    Comment by fullmetalpatriot | June 15, 2011

  2. That is just beautiful!! Now let’s get the circus court in SanFran to be overturned in their ridiculous decisions.
    The unions have just been handed their arses on a platter, and this will prevail in the future in other states. God willing and the creek don’t rise, and the liberals realize their time is done.
    Stupid liberals, the truth will out, eventually. The truth is that the unions are no longer a viable entity unless they become rabble rousers and revert to their thug tactics to get their way. Then they may not get their way, just driving their brand further into the toilet.
    Hooray for Wisconsin and its productive citizens.

    Comment by J.Guidry | June 15, 2011


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