Wisconsin Union Law Should Be Considered By State Supreme Court: Appeals Court Rules

MADISON, Wis. — A Wisconsin appeals court says the state Supreme Court should decide whether a law that takes away nearly all collective bargaining rights from public workers should be allowed to take effect.

A majority of the seven-member Supreme Court must agree to take it or it would remain in the appeals court.

The 4th District Court of Appeals said Thursday it is appropriate for the state's highest court to take the case because it presents significant issues that are likely to end up before the Supreme Court anyhow.

A Dane County judge issued an order last week preventing Secretary of State Doug La Follette from publishing the law, saying Republicans violated the state open meetings law when passing it.

Comments

[Martine Fair]

08:09 PM on 03/27/2011

So what you are trying to say, is that when a person has the forthright to care about collective bargaining for jobs and benefits, he/she should only be allowed to work for nothing and be glad and proud of that fact?

Should we give up all hope of ever sending our children to college, buying a home, saving for retirement? What are you guys on the right crying about?? Go and form a union yourselves instead of just sitting around and complaining about it on a computer about how the middle class is stealing all your cash and how they should stay content to work for nothing for you and be happy they even have a job. Oh wait...you already have the biggest baddest union of all...The rich greedy fat old bald guy's union and regardless of what you promise your lemmings.they will never ever really be able to join it right? LOL

[Quitcherbichin]

11:41 PM on 03/26/2011

It's a shame that the federal courts don't have the same common sense on Obamacare.

[Dangerous Dan]

03:05 PM on 03/27/2011

I believe a Federal Judge ruled Obamacare to be unconstitutional, and yet,
the Administration continues to implement.
 
Scott is following Federal precident.

[Martine Fair]

08:01 PM on 03/27/2011

They are all under a heavy competition to see who can tank the middle class in the US the fastest. They are revered as GODS in the RepubliBilly party if they can show that they will be the meanest and greediest of all and show no mercy. This is the type of person who will easily receive the RepubliBilly nomination like Scott Walker will for the President of the United States. That's why all these Kochbagger supported Governor candidates are trying to outdo each other by each staging a hugel DOG N PONY shows in which they prove that they are able to totally overturn any existing laws to suit their agenda. These Dog N Pony shows are all done on the taxpayer’s dimes, I might add.

[AndyMatts]

03:41 PM on 03/31/2011

Some judges have ruled the way you say, others have ruled the opposite. Nothing has been decided and won't be until appeals are heard and the cases are consolidated at a higher level. More have ruled it Constitutional than not. That, admittedly, says nothing about the actual Constitutionality, but it does say a lot about the selectivity of what you attend to.

[loveofhumanity]

11:01 PM on 03/25/2011

One topic which frequently comes up in these forums is the issue of Walker giving tax breaks to businesses. The assertion is that that's a terrible idea. I regularly contend that it makes sense to give tax breaks to job-creating businesses and business owners so we can attract more jobs to the state.

I just ran across this interesting post on another forum that I'll share here.

"As a successful serial entrepreneur who refuses to engage in any further tax-revenue generating activities, I am on strike, contributing everywhere I can to the spread of Objectivism. I have been on strike since 2005 when I sold [my most recent company]. Since then I have not created a single job, earned a taxable dollar or aided the looters in any way."

This is what I keep saying. People with the financial and entrepreneurial wherewithal to start businesses that create jobs are not stupid people. They can go on strike too. It may not make such a public raucous, but it will be felt, eventually. These kind of people have the resources to wait it out or pick up and leave. Can we blame them for doing what they do?

[Lynda Obst]

04:12 AM on 03/26/2011

this was bush's whole economic policy. breaks to business's (it's never small companies where it would make a difference, always big corporations which already pay little to no taxes) and they will make more jobs. trickle down. but it didn't work. didn't work under reagan either. proven established fallacy. economy tanked both times, job losses. gains under clinton, with higher taxes which Obama was trying to restore. every economist, with the exception of ideological ones have rejected it, as it has been shown to drastically fail.

[loveofhumanity]

11:51 AM on 03/26/2011

1st, you'll get no argument from me that Bu$h wasn't a fascist, handing out sweet deals to his friends at taxpayers expense.
2nd, I think you are incorrect to say small businesses didn't get any tax breaks....compared to Democratic plans. But that's not the point. I'm purely looking at how entrepreneurs and investors make decisions; and considering the fact that these are the people who create the kinds of jobs that lift our economy.

[hopeisalive]

07:54 AM on 03/26/2011

The key words are "job-creating businesses." That has been the mantra even during President Kennedy's days as the rationale for the tax cuts and breaks. Today, what have businesses and corporations done with these breaks? What seemed to be true till recently is that they have recorded record profits, provided bonuses for CEO's and given dividends to investors. Some jobs, but fewer than what could be done. The excuse is they are not sure of the taxes and other considerations, but that to me is smoke and mirrors. They have found that they can get the same or better production from fewer workers and make more money. The making of more money is the key reason, maybe the only reason.

[loveofhumanity]

11:59 AM on 03/26/2011

Of course they're looking for ways to get the same or better production from fewer workers. That's what makes them successful in business.

Of course they're in it to make money. It wouldn't make sense otherwise.

The point is that they will choose if and where to create jobs based on a number of factors, not the least of which is the environment our government creates. Over the last 80 years or so, the climate has been becoming less and less hospitable, though some politicians have possibly tried to reverse the trend. Some may argue this point, but I say look at the evidence. They're moving the jobs overseas. There's an inertia that must be overcome to move jobs. It's not as easy as pushing a button. Once a tipping point is reached, it makes sense to overcome that inertia and move the jobs....and they'll probably not be coming back in our lifetimes.

[andycash]

09:53 PM on 03/25/2011

" Republicans violated the state open meetings law"

To Violate : Definition

1. To break or disregard (a law or promise, for example).
2. To assault (a person) .
3. To do harm to (property or qualities considered sacred); desecrate or defile.
4. To disturb rudely or improperly­; interrupt:
Synonym: Republican, Scott Walker

[habenae23]

05:00 PM on 03/26/2011

#4 defines Megyn Kelly

[Martine Fair]

07:09 PM on 03/27/2011

When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time, a legal system that authorizes it and a moral code that glorifies it.”

– Frederic Bastiat (1801-1850 ), French economist, statesman and author

[andycash]

08:40 PM on 03/27/2011

Thank you for this.

and from Thomas Paine's Common Sense the other side of " living together in society":

"...extracts from that wise observer on governments Dragonetti. "The science" says he "of the politician consists in fixing the true point of happiness and freedom. Those men would deserve the gratitude of ages, who should discover a mode of government that contained the greatest sum of individual happiness, with the least national expense."

"Dragonetti on virtue and rewards."

[cave mann35]

07:36 PM on 03/25/2011

So will the State Supreme Court undo the bill being published and implemented?

[Eidolas]

11:37 PM on 03/26/2011

Of course not. The Appeals court is well aware of that, which is why they just punted it to the Supreme Court. They don't want to have to rule in favor of the Republicans in that district, which is what they would have to do.

[StellaRay]

05:40 PM on 03/25/2011

There is no end to the corruption of democratic principles being pursued by Walker and the Wisconsin GOP, as well as the other GOP governors who are trying to pull us along on a crazy train ride to extremism.

Below is a gob-smacking article---with many attached links fascinating in a very scary way. Again, my favorite phrase these days---wake up America!

http://www.dailykos.com/story/2011/03/25/959931/-Wisconsin-GOP-Seeks-UW-Professors-Email-After-Critical-Blog-Post

[Birdman]

05:37 PM on 03/25/2011

Just read an article in the Northwestern seems one of the state supreme court justices came out in an interview that he did not agree with the law, when asked does that mean he will vote against the law he said his personal feeling has nothing to do with how he votes on the law. So lets assume for a minute the law is struck down then this Justices statement in the press gives the State a way to appeal any decision by this court because of potential bias. Not a smart move by this justice but then on the other hand it might have been by design.

[riverwester]

04:31 PM on 03/25/2011

precisely because this will go to the state supreme court, we must toss david prosser on april 5 and replace him with rebecca kloppenburg. doing so will tip the balance back to 4-3 dem-rep. he's a nasty one too, as are all the wingers getting their elections bought for them lately.

http://www.onewisconsinnow.org/blog/2011/03/david-prosser-the-partisans-partisan-in-six-acts.html

i haven't donated any $ in awhile to any causes, so i chipped in a few bucks to help air this ad. jeeeeebus i hope we can remove prosser!
http://www.greaterwisconsin.org/court-prosser2011.htm

[yeaobama]

03:20 PM on 03/25/2011

PLEASE JOIN THE PROTESTS AGAINST CORPORATE TAX EVADERS-
GO TO:
www.usuncut.org

[yeaobama]

03:21 PM on 03/25/2011

TOMORROW IS....INTERNATIONAL.....PROTEST DAY AGAINST CORPORATE TAX EVADERS!

[LynnW49]

02:54 PM on 03/25/2011

LePage in Maine is removing an artist's mural depicting the history of labor in Maine.

And the Wisconsin GOP is going after a university professor who puts the Walker actions in the context of history:

http://www.thenation.com/blog/159489/mccarthyism-wisconsin-its-back-state-gop-seeks-silence-distinguished-dissenter

William Cronon's study guide:
http://scholarcitizen.williamcronon.net/2011/03/15/alec/
"After watching the sudden and impressively well-organized wave of legislation being introduced into state legislatures that all seem to be pursuing parallel goals only tangentially related to current fiscal challenges–ending collective bargaining rights for public employees, requiring photo IDs at the ballot box, rolling back environmental protections, privileging property rights over civil rights, and so on–I’ve found myself wondering where all of this legislation is coming from."

The GOP is asking for all of his emails that reference the events in Wisconsin. Those emails include student correspondence, which is protected. And Mr Cronon is not a an elected or appointed government official. The request for his emails came out at the same time that he published his academic perspective on events that the GOP wishes to frame without any dissenting voices.

Removing a mural, stifling dissent. It is pretty plain where the GOP is going. We might call it "speech panels", in which your right to disagree is entirely decided by the big government, intrusive GOP.

[Vincent Gormley]

03:38 PM on 03/25/2011

My friend all I can say beyond Wow(!) is thank you I've been sharing the links and have bookmarked William Cronon's Scholar Citizen. Thanks again great info. Not the best part of my childhood but still worth remembering, some refused to learn so we are doomed to repeat it.

[madame48]

04:24 PM on 03/25/2011

we need to people of Maine to show up in droves to STOP this absurdity and to put some real heat on this disgusting pig...GET OUT THERE

[LynnW49]

05:57 PM on 03/25/2011

I love Maine. It was my home in the mid-1970s.
I visited regularly after I moved to Boston, but now am in the wild west. I miss it. I refer to my home state of Montana as The Maine of The West, although I know the comparison weakens considerably when you get out into Montana's very conservative high plains country in the eastern part of the state.

I am shocked by the LePage turn of events, and I hope that the folks of Maine will stand up just as you say.

[coliwabl]

02:38 PM on 03/25/2011

The governor and his gang of thugs mus be stopped! I hope the Wisconsin Supreme Court has not be bought out in the same way the US Supreme Court has.

[LDF]

03:50 PM on 03/25/2011

At least three of the seven justices are bought and paid for stooges of Wisconsin Manufacturers and Commerce.

[riverwester]

04:33 PM on 03/25/2011

yep, and hopefully april 5 we will replace one of them with a dem.

[Lynda Obst]

04:15 AM on 03/26/2011

that is depressing.

[idisVA]

02:30 PM on 03/25/2011

Professor Cronon refuses to be intimidated by the Republican Party of Wisconsin. This is his reposnse to a FOIA requests for all his email correspondence from January 2011 to date:

"I had naively hoped that the Republican Party might be receptive to a moderate, fair-minded, well-reasoned appeal on my part. I think we all have an interest in trying to balance freedom of information versus intellectual freedom of inquiry -- to say nothing of coercive state power versus liberty and privacy, values that I've always thought I could count on the Republican Party to defend. So they're not the only ones who are shocked by this exchange. I had honestly hoped for a more thoughtful response from them. I'm surprised to discover that they think all university professors are "government officials" -- and I also wish they could have spelled my name correctly."

------------------------------WE SUPPORT YOU PROFESSOR CRONON---------------------------------------

[riverwester]

04:34 PM on 03/25/2011

so my question that i haven't seen answered yet; can they actually compel him to turn over emails?

[idisVA]

05:43 PM on 03/25/2011

The State Republican Party thinks it can request emails from his University of Wisconsin account as a public institution, and him being a public sector employee.

[Rodger leMonde]

03:49 PM on 03/26/2011

Those that are processed through a University account. In the case of a professor all have to be vetted and some classes of information relating to students has to be redacted.

[BVictor1]

01:46 PM on 03/25/2011

100th Anniversary of the Triangle Shirtwaste Factory Fire.

Lets never forget the sacrifice of those who came before us, whether that sacrifice was intended or not.

[Lotus09]

01:51 PM on 03/25/2011

Ditto! Those who fail to remember their history are doomed to repeat it.

[DearAgony10]

01:31 PM on 03/25/2011

It's telling how right wing posters defend these anti union bullies.

Bullies love picking and intimating those they perceive as weaker than them.

It's sad that right wingers take pleasure in bullying other people around, how immature!

[madrediterra]

01:52 PM on 03/25/2011

They do admire their party's bullies - revere, actually. But the common trait that strikes me is their reflexive craving to punish their opposition and then heap on the abuse.

[Cwalshjr]

03:48 PM on 03/25/2011

Funny, sounds like your referring to the union thugs and their tactics.

[madame48]

04:27 PM on 03/25/2011

nice try bozo...I think instead of being JEALOUS of union employees, you should join one or go form your own..you DO have a legal right to ...in order to level the playing field...don't like public unions? remove the law making it ILLEGAL for them to strike...and just wait til the economy turns, then TRY to find qualified teachers