Wisconsin Supreme Court Upholds Collective Bargaining Law
In a 4-3 decision, the Wisconsin Supreme Court has -- brace yourself -- actually upheld a law enacted by a solid majority of both houses of the state house. The Court overruled an activist lower court judge who had declared the law void.
The lower court found that Republicans had violated the state Open Meetings Law, which requires advance notice of legislative meetings. So the theory was that the collective bargaining legislation was all a big secret? Presumably, the lower court thought it was mere coincidence that busloads of union thugs descended on Madison while the Democratic caucus took a collective vacation in Illinois.
The Supreme Court made short work of the lower court judge's opinion, holding that she had "usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature." Democratic judge Shirley Abrahamson wrote the dissent, objecting primarily that the majority had decided things too "hastily." Clearly, if they had taken more time, they would have come around to her view.
It's a good day for Wisconsin, and for judicial restraint.
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Jun '10
Re: Wisconsin Supreme Court Upholds Collective Bargaining Law
Huzzah! Sanity prevails! Now awaiting the union protests at the Wisconsin Supreme Court.
May '10
Re: Wisconsin Supreme Court Upholds Collective Bargaining Law
Sumi, the lower court judge overturned, had stretched the "open meetings law" to the breaking point. The law, never intended to reach into the chambers of the legislature, the law makers, only called for fines to be imposed on those that broke the law. My understanding is that there was nothing in that law that would invalidate any actions or decisions that resulted from holding a closed meeting, though beyond the legislature it could be grounds for a new meeting. On the surface, to a layman it would seem that Sumi was drunk with power, and the fact that her son had been a SEIU employee might have entered into the picture.
More to be written on the Wisconsin collective bargaining law to be sure, and the recall elections should prove interesting, public employees will be used in ways never intended, that will also prove illegal.
Re: Wisconsin Supreme Court Upholds Collective Bargaining Law
Glad you mentioned that. As you say, the Act was not intended to apply to legislative sessions. The judge cited a legislative declaration of "policy" that the legislature "intends" to follow the Open Meeting Act. That, of course, is proof that the legislature did not consider the act binding on themselves -- why else would they go to the trouble of saying that they intend to follow the act as a matter of "policy?"
The only requirement that actually binds the legislature is a much simpler requirement in the Constitution. On appeal to the Supreme Court, the plaintiffs evidently argued that the Open Meetings Act had implicitly amended the state Constitution!
May '10
Re: Wisconsin Supreme Court Upholds Collective Bargaining Law
I didn't mean to post this here! Please see "Happy Magna Carta Day." And, happy Magna Carta day
Just this past month at the Palace of the Legion of Honor Museum in San Francisco, was displayed an original of the Magna Carta - one belonging to the Bodleian Library at Oxford and one of the four surviving manuscripts of the revised 1217 issue.
Hand-lettered Latin script on parchment, it doesn't look like much but it was a big attraction at the museum. It was good to see its significance still appreciated.
Edited on Jun 15, 2011 at 11:24am