Althouse: "We believe the law is constitutional. We are reviewing the decision, but we're planning to appeal."

September 14, 2012

"We believe the law is constitutional. We are reviewing the decision, but we're planning to appeal."

Dane County judge v. Scott Walker.

40 comments:

Anonymous said...: This comment has been removed by the author.; 9/14/12, 8:49 PM
Big Mike said...: The liberal loonies never quit, to they? You'd think that somewhere along the line they'd actually care about the well-being of the people of their state?

Nope. All about power.; 9/14/12, 8:50 PM
Whippet said...: This same judge had to recuse himself from a lawsuit during the Capitol protests because his daughter was sleeping there....just another activist judge trying to gin up the base. Judge Sumi all over again.; 9/14/12, 8:52 PM
ALH said...: "For now, it appears school districts and local officials will have to return to the bargaining table with their workers in a much more significant way. The decision raises a host of unanswered questions about the significant changes in pay, benefits and work rules that have taken place over the past year in schools and municipalities around the state while bargaining was essentially dead. "

With municipalities really hurting for $$, unions may wish for the good old days when collective bargaining was dead.; 9/14/12, 8:52 PM
ALH said...: Someone cue up the "Hitler Finds out that Liberal Dane County Judge Has Been Overruled" You Tube parody.; 9/14/12, 8:53 PM
Anonymous said...: Decision can be found here. On first reading, the key finding appears to depend on conflating workers' Constitutional right to enter into associations with their statutorily-created right to enter into associations that their employers are compelled to recognize as sole collective-bargaining units.; 9/14/12, 8:53 PM
paul a'barge said...: It takes time to purge the Judicial system of Liberal judges. Inthe meantime we appeal, appeal, overturn and appeal.

Playing the long game, we eventually must purge leftists from the town cultural square. And this includes liberal judges in the Judiciary.

Short game - appeal, appeal, appeal.; 9/14/12, 8:54 PM
garage mahal said...: Playing the long game, we eventually must purge leftists from the town cultural square

You need a vacation bro, more than anything.; 9/14/12, 9:09 PM
chuck said...: Decisions like this make it difficult to respect the judiciary, and indeed, the law itself. When the outcome appears to be decided up front based on advancing political interests, with the argument made up to whitewash that outcome, then we are living in lawless times.; 9/14/12, 9:09 PM
Bayoneteer said...: Pissin' off a big chunk of the electorate six weeks before the election? Love those Democrat judges. Heh.; 9/14/12, 9:16 PM
Big Mike said...: BTW, anybody who remembers that Tim Kaine, then the head of the Democrat National Committee, dumped money into the anti Scott Walker protests might want to go here to donate to Kaine's opponent for a seat in the US Senate.

Thank you.; 9/14/12, 9:25 PM
Titus said...: Dear Lord make it stop.; 9/14/12, 9:27 PM
Titus said...: I have to walk past some fatty union things everyday on my way to work.

They are only there in the morning. I always wonder how much they get paid. My guess is $100.00 for a couple of hours during morning rush hour.

They are holding some huge sign about shame on Harvard and Sundance-who would of thought that?; 9/14/12, 9:30 PM
Titus said...: This should at least bring Meade back to "work".; 9/14/12, 9:32 PM
ignatzk said...: Nothing like a Dane County judge to remind everyone just how juvenile it is to live here.

This was brought by who? MTI? Love those pictures of the striking Chicago teachers. It's a great time to make the association between teacher's unions.

Tommy Thompson will drive "Madison liberal" through the heart of Tammy Baldwin like a stake. Other moderates show likewise benefit.; 9/14/12, 9:54 PM
Mick said...: Colas was appointed by another Communist, Hahavaad Law grad Governor, and Usurper supporter (Doyle). Nuf said.; 9/14/12, 9:59 PM
edutcher said...: Considering the people of WI have strongly supported Scott Walker, I have to agree with whomever said this will turn WI red this Fall.; 9/14/12, 10:04 PM
garage mahal said...: So now Jim Doyle is a Usurper too?

Noooooooooo!; 9/14/12, 10:19 PM
A. Shmendrik said...: I haven't read the decision yet, will try to get to it if it rains all weekend.

But my first though its to recall the decision on putting up lights at Wrigley Field back in the 1980's. IIRC they put up temporary lights for an All Star Game, but the plan for permanent lighting followed pretty quickly and a temporary injunction was granted, blocking that. At the hearing on making the injunction permanent it became obvious that the weight of persuasive case law was opposed to the injunction. So the Judge granted it anyway, to satisfy the local voters, and was reversed on appeal shortly thereafter.

I always think of the Wrigley lights case when I look at a ruling from a Dane County Judge. They play to the locals as well, and their immediate audience is very atypical of the State of Wisconsin. Without even reading the decision I'd put money on a reversal.; 9/14/12, 10:32 PM
John Burgess said...: Will this drama never end?

I hope the Walker administration has applied for an emergency stay of this judgment.; 9/14/12, 10:34 PM
bagoh20 said...: Does this mean the union members have to pay up all that back dues?; 9/14/12, 11:23 PM
cubanbob said...: Gov. Walker should stop fooling around and try to get a right to work act and get the legislature to make striking by a state or local government employee a instant cause for dismissal.; 9/14/12, 11:45 PM
Revenant said...: It is strange to me that Democrats hate democracy so much. Maybe a name change to "Progressive Party" would be more appropriate.; 9/15/12, 12:00 AM
David said...: I read the opinion. But I know little to knotting about the,law in the area. I hope someone with some expertise will analyze. I wish I could.; 9/15/12, 12:40 AM
Anonymous said...: Maybe a name change to "Progressive Party" would be more appropriate.

9/15/12 12:00 AM

Nothing "progressive" about them. They are reactionaries, fighting reform tooth and nail.

Wisconsin will turn red this fall.; 9/15/12, 12:41 AM
rhhardin said...: The right to associate to kneecap and beat up third parties is important too.; 9/15/12, 1:37 AM
Curious George said...: "exiledonmainst said...
Wisconsin will turn red this fall."

Well considering since 2010 we voted in a GOP Governor and then did it again, turned both our state assembly and senate into GOP majorities, voted in a conservative Supreme Court judge, reaplced a long term Democratic US Senator with a GOP, as well as put a few GOP House members, I thik the proper claim would be that we stay red this fall.; 9/15/12, 2:19 AM
Curious George said...: This comment has been removed by the author.; 9/15/12, 2:19 AM
Alex said...: Won't this go all the way to the SCOTUS for final decision?; 9/15/12, 2:38 AM
Matt Sablan said...: Didn't we already have one attempt to strike the law down overturned?; 9/15/12, 4:56 AM
MadisonMan said...: IANAL.

But this seems like a backwards-looking decision. I thought Obama's and the State's motto was Forward.; 9/15/12, 6:55 AM
Tacitus said...: It does not seem the best use of my time to peruse a ruling that is quite likely to be tossed out.

But is the gist of it really, REALLY, that public sector union members are now at an economic disadvantage vis a vis non union members?

Given the quantum difference in benefits between these two groups to date I think the jurisdiction of this judge is not Dane County but some unspecified area in the Bearded Spock Alternate Universe.

Tacitus; 9/15/12, 8:06 AM
Richard Dolan said...: Walker (and Romney) are blessed in having opponents like this. To borrow O's line, that battle is over and we're not going to relitigate it. Apparently, this judge didn't get the memo. Perhaps the taxpayers need a bigger megaphone to get it across. Luckily, they will soon be handed just the right one.; 9/15/12, 8:36 AM
Michael said...: Is the judge on the super secret permanent grand jury? That would be wrong.; 9/15/12, 8:47 AM
but I am a robot said...: "Won't this go all the way to the SCOTUS for final decision?"

News coverage makes it look like a federal constitutional case, but it's not. They do cite terms like "equal protection," "free speech," and "due process," but the complaint cites only parallel provisions in the Wisconsin Constitution.; 9/15/12, 9:37 AM
Roberto said...: And once again: the "law" trumps the teabaggers.; 9/15/12, 10:14 AM
damikesc said...: Does this mean the union members have to pay up all that back dues?

Wouldn't that be awesome and well-deserved?

Truthfully, the best course Walker can take is an emergency stay --- and then SLOW THE WHOLE PROCESS DOWN.

The unions have lost a shitload. Bleed those useless slugs dry.; 9/15/12, 10:42 AM
Mr. D said...: Looks like there are 17 judges on the Dane County circuit. We could be doing this dance for years.; 9/15/12, 10:49 AM
but I am a robot said...: I'm still struggling to figure out what exactly the judge's argument is on the freedom of assembly infringement. The whole thing is poorly reasoned. And on equal protection he just throws out defense arguments without citing authority for his distinctions.

Well, when it comes down to it, all we need is four sane judges...; 9/15/12, 11:01 AM
Dante said...: Ban collective bargaining for all state employees. Do not give money to any city that allows collective bargaining by its employees.

There, now it's fair.; 9/15/12, 2:03 PM