What, No Do-Over?
New developments in Scott Walker’s union-busting bill, currently on life support in the courts:
In a case that appears bound for the state Supreme Court, Attorney General J.B. Van Hollen on Monday asked the state appeals court to lift a Dane County judge’s hold on a law sharply curtailing public union bargaining.
The Court of Appeals panel in Madison quickly responded Monday by asking for information from the prosecutor on the other side of the case by the end of Tuesday, but didn’t explicitly say it would take the appeal.
Justice Department lawyers argued that Dane County Circuit Judge Maryann Sumi’s ruling was an overreach against the Legislature as a separate branch of government. “In the interests of the administration of justice, it is necessary - nay, it is imperative - that this court step forward and undo this inappropriate action,” the request reads.
Rightwing pundits, bloggers, and talking heads have been casting Judge Sumi’s decision as a temporary setback. After all, the finding was based on the legislature’s inadequate and illegal lack of notice for the vote. All Republicans have to do, the argument goes, is reschedule the vote with proper notice and hold the vote again. Presto-chango, you’ve got a law and Sumi’s injuction is irrelevant.
So why aren’t they? Again, I argue that it’s because the votes are no longer there. The legal route is the GOP’s last hope here. The piece says the fight is likely to go to the state Supreme Court, which makes this an excellent time to plug voting for JoAnne Kloppenburg on April 5. It seems unlikely that this will go to the high court before then.
Source: jsonline.com
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