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Wisconsin Republicans Challenge The Rule Of Law To Push Anti-Union Agenda

After the Republican-controlled Wisconsin legislature rushed-through Governor Scott Walker’s union-busting legislation, the District Attorney of Dane County, which covers the state capital, sued to block the law’s implementation. According to the District Attorney, the legislature violated the state’s open meetings law by failing to give the public 24 hours notice before meeting about the bill, resulting with a judge issuing a temporary restraining order on the bill’s implementation. But the GOP leaders of the legislature decided to publish the bill despite the judge’s ruling, creating immense confusion about whether the anti-union legislation is the law or not. While the judge did not explicitly bar the Legislative Reference Bureau from publishing the law, the clear intent of the judge’s order was to prevent the law from being implemented.

CNN reports on the ensuing legal crisis and the reactions of labor organizers and State Senator Chris Larson, a member of PFAW Foundation’s Young Elected Officials Network, who are leading the charge against the GOP’s latest power grab:

The litigious and contentious battle in Wisconsin over collective bargaining rights has a new twist -- the publishing of the law despite a judge's order against such a move.

That left lawmakers and observers wondering Saturday whether the law had taken effect.

This latest drama started Friday afternoon when the state's Legislative Reference Bureau published the controversial act that curbs the collective bargaining rights of most employees.



The Wisconsin State Employees Union Council 24 blasted the publishing of the law.

"By attempting to unilaterally publish their bill eliminating the rights of hundreds of thousands of Wisconsinites, (Gov.) Walker and his cronies have unquestionably violated the laws of this state to further their extreme overreach for absolute power over our state's people."

Democratic state Sen. Chris Larson said, "The courts are going to step in again and say, 'No, you have to follow the letter of the law' and again they broke it. ... I think it's pretty shameless of Walker and the Republicans."

Update: Gov. Walker has announced that he will begin implementing the anti-union law despite the legal uncertainties. In response, state Democratic chair Mike Tate said:

"Are there any laws that yet bind Scott Walker and the Republicans? With the arrogance of the zealot, they act as if they were laws unto themselves. Ultimately, our Constitution and our courts will protect us from their warped ideologies, but in the meantime, our democracy in Wisconsin is being flayed."

Update 2: (AP) MADISON, Wis. (3/30):

A Wisconsin judge has ruled that there should be no further implementation of a law taking away nearly all collective bargaining rights for public workers.

Dane County Circuit Judge Maryann Sumi said Tuesday that her earlier restraining order saying the law shouldn't be enacted had either been ignored or misinterpreted.

Sumi stopped short of saying the law was not already in effect. She says she will take more testimony on that issue.

The Legislative Reference Bureau posted the law on a legislative website Friday, leading Gov. Scott Walker's administration to declare the law was in effect.

Sumi revised her original March temporary restraining order blocking the secretary of state from publishing the law, which is typically the last step before it becomes effective.

PFAW

Why Unions Matter

"We believe collective bargaining is a civil right," said Larson. Getting rid of the mechanism that "has helped build the middle class for over fifty years is like saying, 'Seat belts have done such a great job at saving lives that we don't need to wear them any more.'"

--Wisconsin state Sen. Chris Larson, a member of PFAW Foundation’s Young Elected Officials Network, tells The Atlantic why he’s fighting to keep his state’s public employee unions alive.
 

PFAW