Chaos continues in Madison

Is it a law or isn't it a law?

The chaos continues in Madison today after Dane County Circuit Judge Maryann Sumi extended a temporary restraining order on Gov. Scott Walker's bill to revoke collective bargaining rights on public employees, declaring that the bill has not become law.

Sumi warned any state officials who proceed as if the law has been enacted risk legal sanctions and risk harming the state.

However, that warning from the judicial branch appears to be falling on deaf ears in the governor's mansion and the legislature.

Walker, Senate Majority Leader Scott Fitzgerald (R-Juneau), Assembly Speaker Jeff Fitzgerald (R-Horicon), Republican Attorney General J.B. Van Hollen and Department of Administration Secretary Mike Huebsch have all contended the bill became law after it was published by the Legislative Reference Bureau.

In doing so, Sumi, who was appointed to the bench by former Republican Gov. Tommy Thompson, said the Republicans either "ignored or misunderstood" her original restraining order, which prohibited Democratic Secretary of State Douglas La Follette from publishing the law. According to statutes, the Secretary of State must publish a bill in the newspaper of record (Wisconsin State Journal) before it becomes a law.

"Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear," Sumi said.

Sumi also noted that the Republicans could avoid the costly delays and legal proceedings by reconvening the legislature and properly approving the bill.

The bill was pushed through abruptly on March 9 with a conference committee vote on a resolution after less than two hours of public notice.

Walker contends the bill does not include items of fiscal impact. Lawsuits have been filed by labor unions that say the bill would have fiscal impact.

The political reactions about Sumi's temporary restraining order range from defiance or deferral to support.

Jeff Fitzgerald said, "It's disappointing that a Dane County judge wants to keep interjecting herself into the legislative process with no regard to the state constitution. Her action today again flies in the face of the separation of powers between the three branches of government. Despite this, we will continue to move forward in the legislature and do what the people elected us to do -- put Wisconsin back to work. The Assembly will be back in session in early April and we will bring forward legislation to create jobs and reform state government."

The Dane County Republican Party said, "For those people that don't know, the state of Wisconsin has an executive branch, a legislative branch, and a judicial branch. The executive branch has the job of carrying out the laws and setting the agenda for his administration. The legislative branch has the job of passing laws. And the judicial branch has the job of interpreting and applying the laws and ensuring their constitutionality.

"By Judge Sumi's action today, it is apparent that she has forgotten those roles and she thinks that her job is to be a member of all three branches. The Republican Party of Dane County believes it is time for the judicial branch to stop being judicial activists. If they want to legislate the laws, they need to run for political office not judicial office."

Huebsch said, "The Department of Administration is still evaluating the judge's order. We will continue to confer with our legal counsel and have more information about how to move forward in the near future."

The Department of Justice said, "As we told the Court, we have serious concerns about the court's decision to continue these proceedings under the current set of circumstances. We'll take the time between now and the next scheduled hearing to decide what our best options are to protect the State's interests, as is the Department of Justice's statutory duty."

Democratic Party of Wisconsin Chair Mike Tate said, "Judge Sumi's order is a clear rebuke of the lawless reign of Scott Walker. He and his Republican lapdogs have behaved as laws unto themselves in their union-busting state-rending power grab. At the end of the day, the law will prevail and the Constitution will endure against all the insult this crew has committed to the rule of law."

Phil Neuenfeldt, president of the Wisconsin State AFL-CIO, said, "Gov. Walker seems to think he's a dictator who can ignore the laws of Wisconsin or trample of the rights of our workers in pursuit of his extreme overreach for absolute power. By attempting to unilaterally publish a bill and implement it as law in the face of a court order to the contrary shows Walker and his cronies completely unfit to govern the state of Wisconsin."

Stephanie Bloomingdale, secretary-treasurer of the Wisconsin State AFL-CIO, said, "Wisconsin working families hope that Scott Walker and his Republican allies in the legislature will finally begin to respect our state's judicial process and reverse any damage they've done to the working families of our state. Wisconsinites expect their Governor and his administration to  follow the law, and the fact that's even up for debate shows their actions to be completely reprehensible."