Thursday, March 31, 2011

POLITICS - Wisconsin, Attempt to Ignore Legal Ruling

"Wis. judge declares union law not in effect" USA Today 3/31/2011

Excerpts

A Wisconsin judge ruled Thursday the state's divisive new collective bargaining law had not taken effect, and officials in Republican Gov. Scott Walker's administration say he plans to comply with the ruling and to halt preparations to begin deducting money from public workers' paychecks.

Dane County Circuit Judge Maryann Sumi issued her declaration a day after Walker's aides said they believed the law was processed correctly and that they would continue efforts to enact it, despite the judge's warning to halt such efforts.

Two Walker administration officials who spoke to the Associated Press on the condition of anonymity because the governor hadn't publicly announced his plans said he would announce later Thursday that he would comply with Sumi's ruling.
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A spokesman for Republican Assembly Speaker Jeff Fitzgerald said he had nothing new to say beyond his previous statement that he didn't believe the judge had the authority to interject herself into the affairs of the Legislature given the separation of powers.

The last excerpt from Assembly Speaker spokesman, the "separation of powers" doctrine does NOT mean the legislative branch can do anything it wants.

The separation of powers exists so our judicial system can act as a check-and-balance against the abuses of legislators or administrations. That is, judges rule on whether or not they have broken the law. Legislators, or administrations, then have the option to correct what was found illegal, BUT they cannot ignore the ruling.

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