Thursday, March 31, 2011

The Judicial Hammer Falls On The Walker Administration: Judge Sumi revises her TRO from Monday

Here is Judge Sumi's order from Monday.

Everyone and their sister on the right side of the political spectrum pointed out that the judge had crossed out the last paragraph of the order presented her by the Dane County DA when she signed it on March 28.

Then the Walker Adminstration thumbed the judge's eye by saying it intended to go forward implementing Act 10.

Here is what Judge Sumi ordered today.

Act 10 is not currently the law of Wisconsin because it has not been published as required under the law.

Judge Sumi's order is not a final order. It is possible that she could finish the hearing in the lawsuit, decide that the Open Meetings Law was not violated in the conference committee meeting, or that the violation didn't warrant declaring Act 10 invalid, and then decide that the law can go into effect after it is properly published by the Secretary of State. Moreover, there may be other actions she takes with respect to the alleged Open Meetings Law violation, such as forfeitures, after she finishes the hearing.  But she seems clearly to have decided with finality that the law was not properly published so as to be an effective law right now.
The saga continues, and this order may spur the Supreme Court to accept the certification of the interlocutory appeal from the Court of Appeals.

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