Wis. Supreme Court upholds controversial union law
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MADISON Wisconsin’s polarizing union rights law is set to take effect on June 29 after the state Supreme Court determined that a judge overstepped her authority when she voided the governor’s plan to strip most public workers of their collective bargaining rights.
The ruling Tuesday evening was a major victory for Republican Gov. Scott Walker, who said the law was needed to help address the state’s $3.6 billion budget shortfall. His proposal — which drew tens of thousands of demonstrators to the state Capitol for weeks earlier this year — thrust Wisconsin to the forefront of a national debate over labor rights.
In a 4-3 decision that included a blistering dissent, the Supreme Court ruled that Dane County Circuit Judge Maryann Sumi overstepped when she declared the law void last month. Sumi sided with a lawsuit that claimed Republicans didn’t provide proper public notice of a meeting that helped get the original legislation approved after Democratic senators fled the state to prevent a vote.
Walker claimed that the law, which also requires public employees to pay more for their health care and pensions, would give local governments enough flexibility on labor costs to deal with deep cuts to state aid. Democrats saw it as an attack on public employee unions, which usually back their party’s candidates.
“The Supreme Court’s ruling provides our state the opportunity to move forward together and focus on getting Wisconsin working again,” Walker said in a one-sentence statement Tuesday.
Union leaders blasted the court’s decision. Phil Neuenfeldt, president of the Wisconsin State AFL-CIO, called it “an affront to our democracy.”
An avalanche of lawsuits is expected, because legal challenges couldn’t be brought until the law took effect.
In vacating Sumi’s ruling, the Supreme Court ruled the judge had “usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature.” The court also rejected arguments that Republicans violated Wisconsin’s open meetings law.
“The doors of the Senate and Assembly were kept open to the press and members of the public ... access was not denied,” according to the majority opinion.
In a fiery dissent, Supreme Court Chief Justice Shirley Abrahamson wrote that justices hastily reached the decision and the majority “set forth their own version of facts without evidence. They should not engage in this disinformation.”
Abrahamson also said a concurring opinion written by Justice David Prosser — a former Republican speaker of the Assembly — was “long on rhetoric and long on story-telling that appears to have a partisan slant.”
Secretary of State Doug La Follette said Wednesday that he would publish the law on June 28, which means it will take effect on June 29. There were no plans to apply paycheck deductions retroactively, said Rep. Robin Vos, co-chairman of the Legislature’s budget committee. Walker’s top aide, Department of Administration Secretary Mike Huebsch, said the ruling was being reviewed.
Many school districts and other public entities reached new union contracts before the ruling, and collective bargaining rights were curtailed.
The fight stemmed from a lawsuit that claimed Republicans violated state law by not providing proper public notice of a meeting in March, a month after the legislation was introduced.
All 14 of the state’s Democratic senators had fled to Illinois in February to try to prevent a vote in the Senate, but Republicans got around that by convening a special committee to remove fiscal elements from the bill and allow a vote with fewer members present.
Walker signed the plan into law two days later, on March 11.
The lawsuit was filed the next week by Dane County District Attorney Ismael Ozanne, a Democrat. Sumi initially heard Ozanne’s lawsuit and issued a temporary order blocking publication of the law while she weighed the arguments. She later declared the law void.
Senate Majority Leader Scott Fitzgerald and Assembly Speaker Jeff Fitzgerald, both Republicans, said Tuesday that they always believed the bill was legally approved.
“We followed the law when the bill was passed, simple as that,” the brothers said in a joint statement. “We’re finally headed in the right direction by balancing the budget and focusing on jobs, just like Republicans promised we would do.”
Ozanne was disappointed, saying “we’ve done the best we can ... It looks like we’ve lost.”
Attorneys for the Wisconsin Department of Justice, representing the Republicans who control the Legislature, had asked the Supreme Court to take the case directly, in part to speed the process.
Walker counted on the law being in effect in the budget he put forward for the fiscal year that starts July 1. Walker has said the public worker concessions would generate about $300 million in savings to the state over the next two years.
Democratic Senate Minority Leader Mark Miller said Walker and Republicans’ push to enact the law instead cost the state money, resulting in “months of legal wrangling, unprecedented political divisiveness and millions of dollars of lost budget savings.”


Jun 25, 2011 at 7:06 p.m.
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This is from the article about the attack:
"The sources say Capitol Police Chief Charles Tubbs was notified of the incident. One source says Tubbs came in to meet with the entire Supreme Court about this matter. Tubbs, contacted by Wisconsin Public Radio, declined to comment."
Thry can't comment because it sounds like it is an ongoing investigation.
Jun 25, 2011 at 5:24 p.m.
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What's to report? He's not talking, she's not talking, the police aren't involved........just a blind allegation at this point. I still want to know why the beast Abrahamson didn't recuse herself from that case considering the unions which would have been directly affected by that decision, had paid her almost $200,000........Where was the gazette's story about that fun fact??
Jun 25, 2011 at 4:56 p.m.
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I wonder why the Gazette hasn't reported this? GOP and Corporate front man for Scotty Walker, Judge Prosser, apparently chokes female justice during argument.
http://www.wisconsinwatch.org/2011/06/25...
Jun 18, 2011 at 2:06 p.m.
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Poobah and CP - let's go - you both hit and run, do either of you have anything contructive to say or content to be babies.
Jun 18, 2011 at 1:26 p.m.
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pot meet kettle
Jun 17, 2011 at 7:29 p.m.
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No, I'm right here if you need me, kaysbrew.
Jun 17, 2011 at 6:38 p.m.
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Poobah: Kay runs away from one article when it gets "too hot." She came running to this one, away from another one.
Jun 17, 2011 at 5:02 p.m.
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You poobah are a great at spewing as you call it. Are you here just to attack and run?
Jun 17, 2011 at 4:33 p.m.
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kaysbrew said, "Unlike Kloppenburg's bought and paid for soul."
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And who would be a better expert than you on incorporeal items like souls and most of the "facts" you spew forth, kaysbrew?
Jun 17, 2011 at 4:25 p.m.
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no, nice to see you've discovered natural rights, but to the contrary, dtb is absolutely correct in saying the Constitution grants rights (legal rights). You simply can not correctly say that he is wrong in saying that.
Jun 17, 2011 at 4:41 a.m.
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Unlike Kloppenburg's bought and paid for soul. I thought mouse was Prosser's partner
Jun 16, 2011 at 2:05 p.m.
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*no, have you heard of the Constitution? It's full of rights granted to the citizens by the Government. Try reading it sometime.*
Utterly, utterly incorrect. Why don't you brush up on what a natural right is vs. a legal right.
Jun 16, 2011 at 10:13 a.m.
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LOL
Jun 16, 2011 at 9:56 a.m.
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Dusty,
I totally agree that the judiciary has become too politicized. Just look at the ninth circuit court out west. Their liberal judgements are outrageous.
****
Feel free to offer both sides of the story if you are trying to make a valid point.
Jun 16, 2011 at 8:57 a.m.
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If there is anyone out there that still believes that the judiciary is a non-biased, non-partisan interpreter of laws and the constitution, you'd better think again. Like Bush v. Gore, where the U.S. Supreme Court handed a presidential election to George Bush, this is another extreme example of right-wing judicial activism. Now, with unlimitied secret campaign contributions approved by the U.S. Supreme Court, wealthy donors and corporations are free to stack the Court with right-wing extremists like Clarence Thomas who will rule along party lines in violation of their pledge to judge impartially and above the political fray. It's sad but true that neither the Supreme Court of Wisconsin nor the United States is an impartial, unbiased body that can be trusted to rule according to the law.
Jun 16, 2011 at 12:22 a.m.
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dtb you’re confused on the constitution. It declares what the government can't do to you, that’s where it becomes your right; it is not the government giving it to you. As with all rights, there are limitations. You have the ability to walk into the middle of a church during service and scream at the top of your lungs how you think religion is bad, but you have no right to do that even though you have a right to free speech. You have the right to freedom of religion but that doesn't give you the right to stop work anytime you wish and practice it without being fired. Limitations on the original rights have existed for years just like other laws granting extended "rights" later have limitations and can be changed as the laws are changed.
Jun 15, 2011 at 6:53 p.m.
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no, have you heard of the Constitution? It's full of rights granted to the citizens by the Government. Try reading it sometime.
Jun 15, 2011 at 4:56 p.m.
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Really orange, some of the posters here really believe that if public employees, school teachers and manual labor union workers collect a paycheck and benefits - they must not care about their jobs or "the children." With all the people out of work they figure - hire someone who cares. (Todays' Sound Off stupidity)
Jun 15, 2011 at 4:35 p.m.
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Air traffic controllers, for example, can bargain over wages under a 1996 law that granted full bargaining rights to a number of federal workers covered under the Federal Aviation Administration, said Kate Bronfenbrenner, a labor expert at Cornell University.
Some also point to the U.S. Postal Service, which has nearly 600,000 career employees, most (but not all) of whom have collective bargaining rights for pay and benefits.
"The American Federation of Government Employees, also stressed that federal employees do have collective bargaining rights over working conditions. And that's an important right. It affects vacation time, work hours, safety issues -- all sorts of things important to workers."
Under Gov. Walker's plan, collective bargaining for state workers would be limited to base pay rate (and raises would generally be limited by the rate of inflation).
Jun 15, 2011 at 3:46 p.m.
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Is it illegal for TEACHERS to make money ??Duh !
Jun 15, 2011 at 3:04 p.m.
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That's exactly what we intend to do, hardin724.
Jun 15, 2011 at 3:02 p.m.
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Clairty: It sure is funny then how all of the news media report how many billions of dollars the corporations are making. And their CEO's. Maybe you haven't read any of those articles lately.
Jun 15, 2011 at 2:31 p.m.
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Recall Walker and his cronies. Vote Ryan out.
Jun 15, 2011 at 1:51 p.m.
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*the governor’s plan to strip most public workers of their collective bargaining rights*
There is no such thing as the RIGHT to collectively bargain. It is a privilege granted by the government ergo it can be REVOKED by said government.
The government can neither strip you of your RIGHTS nor can it grant RIGHTS.
I with the media would get the simplest of things correct.
Jun 15, 2011 at 12:49 p.m.
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non-grata.....I have no expectation of receiving a check from our state government--although that would be a welcomed surprise! What I meant is that I do anticipate tax rates not having to be raised nearly as much after this legislation is implemented as they most definitely would have been without it........
Jun 15, 2011 at 12:37 p.m.
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916 you seem to under the illusion that the money will be coming back to you. since when did the government ever give money back?
Jun 15, 2011 at 12:35 p.m.
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The voters of Wisconsin must send a very strong message to elected officials telling them if you don't listen to, represent, and protect the people the people will fire you. Isn't that what we did in the last election? How soon we forget.
Jun 15, 2011 at 12:33 p.m.
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Skinnypuppy.......that lost revenue won't even be a blip on the radar, considering that money originates from the taxpayers who live in those same communities. Instead of a small group of public employees spending that money, a much larger group of taxpayers will be able to retain a little more of their money to spend as they see fit in those same communities........
Jun 15, 2011 at 12:14 p.m.
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Well, won't it be interesting to hear the private secotr whiners when the public sector employees stop spending that 8-10% reduction in take-home pay at the "private sector" businesses? At some point, it will have an impact that won't immediately be felt in Janesville - but it will come...less money circulating in the businesses. Saddest part is the idea that a referedum will have to be passed for public sectors employees to get a pay raise over something like 1%-anyone else have to rely on the voters for their pay raise? I certainly wouldn't want to have to count on the "benevolence" of the people in this town for my pay.
Jun 15, 2011 at 11:58 a.m.
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What's depressing bebe, is that the Legislators broke their own rules but according to the Republican Supreme Court, Legislators are responsible for creating law. Based on that standard, the legislature can make up the rules as they go. In that case, what's the point of having any rules? The Republicans insist on shielding from view much of what is contained in the budget bill. What are they afraid of? There was plenty of time to pass the budget by following the proper procedures that has served BOTH parties well for many years. I would not support Democrats using the same tactics to pass whatever legislation they proposed either. Based on this ruling there is nothing to stop Democrats from using the same abusive tactics to pass their legislation. The biggest losers in the Supreme Court ruling are "we, the people".
Jun 15, 2011 at 11:52 a.m.
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Clarity: I made the questions simple. You never answer them. You just answer my question with a question of your own. That is not an answer. This was pointed out quite awhile ago on another blog by another poster. You are still doing it.
Jun 15, 2011 at 11:50 a.m.
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"“we’ve done the best we can ... It looks like we’ve lost.”
That about sums it up boys and girls.
Jun 15, 2011 at 11:49 a.m.
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The end of public sector unions. Without money the union withers. With everyone in these unions loosing 10% - 12% of gross pay, after watching their union scramble to preserve themselves without regard to the members, I would be surprised if 10% of the members continue to pay dues now that it is voluntary.
Jun 15, 2011 at 11:13 a.m.
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TCB, theft of public property seems to be an overreach. I also doubt the SCOTUS will hear this since it deals with the alledged violation of a state law and is not a US Constitutional issue.
Jun 15, 2011 at 11:05 a.m.
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I'm sorry Gazette, but your paper version reads on the subheadline, "State Supreme Court sides with GOP on anti-union law". That sounds so slanted. How about "State Supreme Court reverses activist judge's decision." or "State Supreme Court rules based on law." or "State Supreme Court brings pro-taxpayer law into effect."
Jun 15, 2011 at 11:01 a.m.
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I'm glad this law was upheld. Judge Sumi had no business making a ruling on it in the first place. If the Democratic senators wanted to be heard on this, they should have stayed in the state instead of running like children.
Jun 15, 2011 at 10:26 a.m.
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A victory for all Wisconsinites!
Something to keep in mind, and this not only is huge for Walker and WI elected Republicans, but state legislatures and Republicans all across the country fighting union collective bargaining, overreach and theft of private property. Maybe the US Supremes will hear this case...but I doubt it.
Jun 15, 2011 at 10:25 a.m.
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Is it okay with some of you posting on here then, that Walker is giving so much to the big corporations, and taking away from Wisconsin citizens? Don't you think big corporations have enought wealth? Don't you think there has been enough damage and corruption done by the big corporations?
Jun 15, 2011 at 9:39 a.m.
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Why does it seem every report regarding the bill focuses on the employee paying more for health insurance and contributing toward their retirement? I haven't heard ANY public employees complain about that, in fact from what I've read and heard they're okay with it if it means saving jobs. However, in the public sector unions protect the employees from the employer (the government). By stripping these employees of collective bargaining rights they are no longer protected and could be subjected to reduced benefits, higher costs of benefits, lower compensation, among other things. Who will be protecting these employees from the government? Again, if any working sector needs the protection of unions its the public sector. This is a giant leap toward overworked public employees working for minimum wage as every governor will cut spending and benefits for public employees. I have a hard time seeing any employee risking his or her life to protect Wisconsin citizens for $8 an hour. Not only does Governor Walker need to be recalled, so do the Fitzgeralds, and other legislative parties. The voters of Wisconsin must send a very strong message to elected officials telling them if you don't listen to, represent, and protect the people the people will fire you. And quite honestly, unless these officials are self employed I would say good luck finding a job in the private sector after your term expires or you are recalled because your actions speak volumes louder than your empty promises and lies.
Jun 15, 2011 at 9:36 a.m.
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Did the Gazette just change the title of this article from polarizing to controversial? Afraid a bias was showing?
Jun 15, 2011 at 9:14 a.m.
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Can't wait for Eyster's grand retort! (sarcasm)
Jun 15, 2011 at 9:09 a.m.
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Well isn't that special. We have the best State Supreme Court Republican money can buy.
Jun 15, 2011 at 8:55 a.m.
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Just left the Millwaukee Journal postings and it was easily 3 to 1 in support of the union law. I guess the silent majority is speaking up.
Jun 15, 2011 at 8:45 a.m.
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@kilgore, here's the link.
http://www.jsonline.com/polls/123861119....
Jun 15, 2011 at 8:31 a.m.
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Milwaukee Journal Sentinel poll now shows 70% favor the supremes ruling. That's a liberal paper in a liberal city. It is probably higher statewide.
Jun 15, 2011 at 8:02 a.m.
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What bothers me most about all of this, is that those people that belong to unions think no one exists except them. I feel like they think - my life doesn't count because I don't belong to a union. Everyone keeps talking about rights, what about all of us that don't belong to union? We still have rights and those rights are guaranteed by the constitution. I haven't ever read anything about unions in the constitution.
Jun 15, 2011 at 7:27 a.m.
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916WI, if you want a good laugh read her entire comments, what a classic. She complains of partisanship while 95% of her comments are all based in partisan language not the law. Very interesting.
http://www.wicourts.gov/sc/opinion/Displ...
Jun 15, 2011 at 7:06 a.m.
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Neener Neener Neener
Jun 15, 2011 at 6:30 a.m.
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This quote is classic, "In a fiery dissent, Supreme Court Chief Justice Shirley Abrahamson wrote that justices hastily reached the decision and the majority "set forth their own version of facts without evidence. They should not engage in this disinformation."
Abrahamson also said a concurring opinion written by Justice David Prosser — a former Republican speaker of the Assembly — was "long on rhetoric and long on story-telling that appears to have a partisan slant."
Abrahamson slamming Prosser for a potential "partisan slant"?!? Uhhhhh--Shirley didn't you happily accept almost $200,000 from the unions which will be directly affected by this legislation? You don't think that a couple of hundred thousand provided you with your own "slant"? What a hypocrite.......and a beastly looking one at that!
Jun 15, 2011 at 6:28 a.m.
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The good guys win again....
Jun 15, 2011 at 6:08 a.m.
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Actually your wrong what the Supreme states will be the conclusion to this story. This particular subject is a good example of how Democrats & Unions get a little carried away! Think of the damage you have caused to public property and all the time you have wasted. Who do you think has to pay for all that? You folks remind me of a bunch of children crying until you get your way well the world doesn't work like that!
I am so glad Governor Walker is taking action against Unions because their corrupt ways have existed far too long. Bring the taxes down and stop this tax hell once and for all!!
Jun 15, 2011 at 5:27 a.m.
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This article states: "The court also rejected arguments that Republicans violated Wisconsin's open meetings law."
That is not entirely true. The court determined that the legislature is not bound by open meetings law. Although they both have the same outcome there is a big difference in the two.
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