Wisconsin Anti-Union Law Temporarily Blocked By Judge

Huffington Post  Friday, March 18 2011

MADISON, Wis. — The monthlong saga over Gov. Scott Walker’s plan to drastically curb collective bargaining rights for public workers in Wisconsin took a turn Friday that could force a dramatic rebooting of the entire legislative process.

A judge temporarily blocked the law from taking effect, raising the possibility that the Legislature may have to vote again to pass the bill that attracted protests as large as 85,000 people, motivated Senate Democrats to escape to Illinois for three weeks and made Wisconsin the focus of the national fight over union rights.

But Walker’s spokesman and Republican legislative leaders indicated they would press on with the court battle rather than consider passing the bill again.

“We fully expect an appeals court will find that the Legislature followed the law perfectly and likely find that today’s ruling was a significant overreach,” Senate Majority Leader Scott Fitzgerald and his brother, Assembly Speaker Jeff Fitzgerald, said in a joint statement. “We highly doubt a Dane County judge has the authority to tell the Legislature how to carry out its constitutional duty.”

Dane County District Judge Maryann Sumi granted the temporary restraining order in response to a lawsuit filed by the local Democratic district attorney, alleging that Republican lawmakers violated the state’s open meetings law by hastily convening a special committee before the Senate passed the bill.

Sumi said her ruling would not prevent the Legislature from reconvening the committee with proper notice and passing the bill again.

In addition to restricting the bargaining rights, the law would require most public workers in the state to contribute more to their pension and health care costs, changes that will amount on average to an 8 percent pay cut. Walker’s spokesman Cullen Werwie was confident the bill would become law in the near future.

“This legislation is still working through the legal process,” Werwie said.

Republican Attorney General J.B. Van Hollen said the decision will be appealed because the Legislature and the governor, not a judge, are responsible for enacting laws and can’t be blocked in a dispute over the procedures under which a law is passed. His spokesman Bill Cosh said an appeal would be filed Monday.

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