Wisconsin Supreme Court Overturns Sumi’s Decision

Finally, someone with some guts takes a stand against the madness. Circuit Court Judge Maryann Sumi blocked the implementation of the controversial state law passed by the Wisconsin Legislature and signed by the Governor. This is the law that caused the Madison protests, where Leftists and union hacks were bussed in from all over the country to make a scene for the cameras and the Democratic members of the State Senate fled the state to avoid a quorum. This was the protest that had doctors handing out fake sick notes so people who called off work would not be disciplined, for unexcused absences.

Read the story here.

For some more in depth legal analysis by an attorney you can read this blog post at Legal Insurrection (which is getting blogrolled).

I might add that this was wrong on so many counts. I am not an attorney and I do not even play one on TV, but even I can see the folly and intentional error of this decision.

For one thing, we have a judge elected by Dane County residents (to hear cases of public interest from that county) interfering with the business of the Legislature over rules that are set by that Legislature. I have no problem with counties having more of a say in what happens in their county. But I have a problem with a county having a say in what happens in the other counties in a state, especially when the county is a Left wing den that houses one of the most radical universities in the nation.

The other thing I would point out is, Sumi totally ignored and showed a profound disrespect for the legislative process. She made a ruling that was not rooted in established law, but was based on her own political leanings.

This is the problem with the judiciary these days, they seem to have an affinity for legislating from the bench. Even high ranking Senators like Chuck Schumer and Harry Reid have made separate statements at separate times that the courts are supposed to “make” laws. A judge’s function is to interpret the existing laws and see if a case that is brought before him/her is based on laws that have already been made and lines up with the Constitution of both the state and the country. Nothing more.

I am sure, the Leftist hacks will not rest until they search out another loophole to try to get this thing halted once again. But if I were a judge, I would think having a case overturned so quickly would be embarrassing and it would make me think twice about pulling a stunt like this again. But we all know that Leftists generally have no respect for the law unless it’s one they write, enact, and is based on a philosophy that strips individuals of what little freedoms they still possess.

I am not aware of any Constitution that has provisions in it addressing a worker’s right to collective bargaining. In cases where laws were made to accommodate this, what was once passed can someday be repealed. In cases where it was implemented by executive order, one stroke of the pen can give it and one stroke can take it away. Wisconsin voters elected a Governor and Legislature that campaigned on cutting the cost of government, they kept their promise. One judge tried to block them from keeping that promise. The Wisconsin Supreme Court blocked her, and we applaud it.

 

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5 Comments

Filed under Courts, State Government, Unions

5 responses to “Wisconsin Supreme Court Overturns Sumi’s Decision

  1. I have never heard of a Legislature being held to an open meetings law. Can you imagine the precedent this could set?

    As far as her being embarrassed, she’s not. She is convinced the Supremes got it wrong. Look at the dissenting comments from Justice Abrahamson and their personal nature.

    This was never about the law but ideology.

  2. Greg

    I haven’t read Sumi’s decision or the appellate decision overturning it. However, it is basic law that public union rights are not inalienable, constitutional rights. Public unions and their rights were legislatively created, and they can be dismantled in the same way. I fail to see why this is “controversial.” Even in Mass., the Legislature is poised to strip public unions of their right to bargain health benefits. There is unhappiness about it, and intense lobbying, but there is no general strike, no sit-in, no media frenzy. …

  3. Chuck says,
    “This was never about the law but ideology.”

    Greg says,
    “…it is basic law that public union rights are not inalienable, constitutional rights.”

    LA says, that pretty much sums it up.

  4. Nunly

    This is the problem with the judiciary these days, they seem to have an affinity for legislating from the bench. Even high ranking Senators like Chuck Schumer and Harry Reid have made separate statements at separate times that the courts are supposed to “make” laws. A judge’s function is to interpret the existing laws and see if a case that is brought before him/her is based on laws that have already been made and lines up with the Constitution of both the state and the country. Nothing more.

    Spot on!

    What really bothers me in WI is their recall law. It seems to me that there will always be groups of people who will be disappointed at one time or another about laws that legislatures pass. In this day and age of instant communication, it’s easy to work up a frenzy and gather large groups of people who gain their information from one source…and often that source has their own strong political ideology and can twist the truth easily.

    There’s no doubt that during that ridiculous WI spectacle of protests, many of the protesters were shipped in by the unions from other States and I’ll also bet that many of the signatures on those recalls are ineligible, too. So, instead of those Congressmen/women getting their work done, they have to spend time and money to campaign again? How much is this going to cost WI taxpayers to have another election?

  5. //So, instead of those Congressmen/women getting their work done, they have to spend time and money to campaign again? How much is this going to cost WI taxpayers to have another election?//

    Play # 573 from the Alinsky playbook. It’s called “break the bank”.

    In this episode, George Soros is funding a recall effort that will cost the state of Wisconsin more money than it has, just to conduct it.

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