May 26 2011
Weird – this was a finished post at one point?? Here is another ‘finished’ version
While I and one of my siblings are engineers, much of the family hails from law – some even politics. So please don’t assume this little old rocket scientist is clueless on matters of law.
What we have in Wisconsin this week is a clear cut case of political, judicial activism in a recent ruling in WI:
A Dane County judge has struck down Gov. Scott Walker’s legislation repealing most collective bargaining for public employees.
In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state’s open meetings law in passing it March 9.
Ozanne agreed that the court case is still far from settled.
“It’s not over yet. I’m positive of that,” Ozanne said. “The supremes are the supremes. They can do what they want.”
This judge has shown pathetic judgement and should be stripped of her robes. There are multiple reasons why her actions indicate a judge who has sunk to all time lows.
First off, the claim against the law is against the process – not the law itself. The law is not unconstitutional by any stretch of the imagination. Failure of process (if there was one) would not be enough to hold up implementing the law, unless the failed process produced a result the normal process would not have. But of course we all know the law was going to pass no matter what.
We know this because the Democrats ran from the state to try and stop the inevitable vote they were going to lose. We know this because the legislature stripped provisions requiring a large quorum so the GOP could pass the statute without Democrats present. We know this because, if the vote was held today, the Dems would have to run away again or lose the vote again.
So the process would not impact the result, and the judge should have recognized this if she really was qualified to be a judge.
Moreover, there is no indication the person bringing the claim ever attempted to avail themselves of that element of the process they claim did not happen? If the claimant was one of those who ran from Wisconsin, or never attempted to utilize the part of the process supposedly missing, then they have no standing. My guess is it will take little time to figure out the claim is bogus. Strike 2 against this pathetic excuse for a judge.
And finally, you can tell by the way she surrenders to the state supreme court’s highly experienced and respected jurists, that she knows her decision is a crock. Her effort at immoral judicial activism was born of malicious forethought. She does not deserve the high office she occupies.
Update: The venerable Ed Morrissey has some good observations on this fiasco