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Temporary Block on Wisconsin Union Law

published March 22, 2011

By Author - LawCrossing
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( 1 vote, average: 2 out of 5)
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The bill, which was introduced by Governor Scott Walker, was challenged by Senate Democrats who fled to Illinois to deny the Senate the 20 member quorum the needed to pass the bill. In response, Republican lawmakers called a meeting of the special legislative committee and eliminated the spending items from the bill, thus enabling it to be passed without the 20 member quorum.

Ismael Ozanne, Dane County District Attorney, filed a lawsuit asserting that the committee should have given 24 hours of notice before holding a meeting to amend the bill. Dane County District Judge, Maryann Sumi, granted a temporary block, citing the Department of Justice’s failure to provide sufficient reason for excluding the committee from the required 24 hours of notice before a special meeting. Attorneys for the Justice Department stated that the notice, which was posted two hours before the meeting, met all of the Senate requirements.

The bill was proposed by Walker in an effort to cut the states massive budget deficit and was to be published by Secretary of State, Doug La Follette on March 25. It is unclear whether the bill will have to be put through another vote or not but Republicans are hopeful that Sumi’s ruling will be thrown out. According to Republican Attorney General, J.B. Van Hollen, it is up to the Legislature and the governor to enact the laws. He stated that a judge cannot block a law on the basis of how the law was passed. An appeal may be filed as early as March 21. However Democratic Dane County Executive, Kathleen Falk, filed another lawsuit challenging that the bill should not have been passed at all without the required quorum. A hearing on this suit has been set for April 12, 2011.

Despite the pending legal issues, Sumi made it clear that the Legislature may post the proper notice and reassemble to pass the bill again. If the Legislature does return to vote on the bill again, Republican lawmakers are sure to have a 20 person quorum this time, as Democratic Senator Tim Cullen has said that he will not flee the state again. While expressing no regrets for his previous actions, Cullen did say that he believes that it would do ''great damage to the institution.''
 
 

published March 22, 2011

By Author - LawCrossing
( 1 vote, average: 2 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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