Ladies and Gentlemen, we have a law

It was published under a legitimate alternative. Oh sure, they’ll still fight it, but in the meantime, the rest of us can move on in confidence – well we can tomorrow, or Monday, depending upon your source. (Next day or next business day is being discussed.)

I felt certain there was an alternative or there would have been more action by Walker’s administration. In the meantime, expect certain hysteria.

Ta-da!

† Pursuant to section 35.095 (3) (b), Wis. Stats., the secretary of state designated March 25, 2011, as the date of publication for this act. On March 18, 2011, the Dane County Circuit Court enjoined the secretary of state from publishing 2011 Wisconsin Act 10 until further order of the court. Section 35.095 (3) (a), Wis. Stats., requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment.

Comments

  1. interesting says:

    Much ado about nothing

  2. I agree! The new law really isn’t the heartache that’s been described. It’s great to have it all finalized.

  3. You better check your fact again, Cindy. It’s not law. But I hear that they got a nice shiny ribbon stamped on it when they had it printed at Kinko’s.

  4. (Yes, I’m up. Stupid surgery, my nights and days are all messed up.)

    Capper, I can only hope your side will spend your millions defending your bad opinion on this subject instead of airing nasty campaign adverts. You see, 35.095(3) says:

    (3) PUBLICATION. (a) The legislative reference bureau shall publish every act and every portion of an act which is enacted by the legislature over the governor’s partial veto within 10 working days after its date of enactment.

    (b) The secretary of state shall designate a date of publication for each act and every portion of an act which is enacted by the legislature over the governor’s partial veto. The date of publication may not be more than 10 working days after the date of enactment.

    The judge didn’t give a TRO against the Sec of State choosing the date. He’d already done that. And the LRB published as law requires. It’s a law. My gut said there had to be something like this in the wings or Walker would have re-voted. They were patient, they published. Job done.

    I always said the judge had no right to render the law unable to publish, only void. You may now spend all your money getting that to happen. Taxpayers will love you even more having to fund the defense.

  5. It’s not a law, per the LRB: http://www.thewheelerreport.com/releases/March11/0325/0325barcaatty.pdf

    Even MJS is admitting as much in their updated article on the subject. Fitzgerald just expended a lot of political capital and didn’t even get a T-shirt for it.

  6. Sure Capper. If it makes you feel better. A staff attorney saying “, it is my understanding that the LRB did not intend for its action to independently determine the effectiveness of Wisconsin Act 10, and that further action by the Secretary of State is required in order for Act 10 to take effect.” makes all the difference.

    Then he quotes the laws I showed you. You know, where the Secretary of State does not publish but rather determines the date for publication, and that it has to be within 10 days, and then points to the law that says any law that is not enacted on a specific date is enacted the date after publication.

    No, the LRB didn’t mean to make a law, but they made a law.

    Like I said, it switches things around. Instead of waiting for a law, there is a law, and now you have to undo it. No big deal. Right? And Fitzgerald had nothing to do with this. The LRB was simply acting according to law requiring them to publish instead of breaking it and running to a judge.

  7. OK, Cindy, whatever you say. They only already have the emails between Fitzgerald and the LRB, but they are meaningless, right? And that staffer was reporting for the Chief of the board, but he doesn’t know anything either, right?

    And old Fitz is saying it’s a law because it’s on a webpage. Right.

    I’m off to bed. You just go ahead and keep convincing yourself that it’s all going your way.

  8. I found this as a duty of the Secretary of State:

    14.38(10)(c)
    (c) Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under s. 20.765 (1) (d).

    So now that the law is published, the SoS must put it to the paper within 10 days as notice. The SoS gives notice, that’s all.

    What I think is incredibly interesting is that no one really knew how a law was made – the SoS, and the silly judge – never really paid attention. History gave them to think the SoS mattered in making the law valid, but the law really doesn’t.

    It’ll take some time to play out, but I’m betting when the dust settles that’s the way it all works out. BTW 14.38 gives all the very complicated (snicker) duties of the SoS.

  9. Randy in Richmond says:

    Here are some very recent comments by Wisconsin union representatives regarding the publishing of this new law. I really got confused as I researched this to try and understand it more:

    said Mary Bell, president of the statewide teachers’ union. “These tactics are not in the Wisconsin tradition of open government and do not represent the will of the people.”

    Marty Beil, executive director of the state’s largest public employee union:
    “It’s craziness. These guys are off the wall. They’re drunk with some kind of power or misconception of reality,” he said.

    Phil Neuenfeldt, president of the Wisconsin State AFL-CIO, called the action an “illegal backdoor maneuver.”

    This is a dark day for Wisconsin and a travesty to our democracy,” he said.

    What got me confused as I read these statements was I assumed they were all talking about the Democratic Senators who deserted their obligations and responsibilities and fled the state. That is what they are referring to, isn’t it?

    http://abcnews.go.com/US/wireStory?id=13224449&page=3

  10. No, sorry. They think Republicans are bad people.

    After I woke up again, I thought it all through. The real deal is the Secretary of State’s job isn’t important to the law. It makes sense. After all, there are three branches of government, and one of them isn’t SoS!

    I’m kind of tickled it all worked out.

  11. Oh, wait. You were being a tiny bit sarcastic, weren’t you? You stinker.

  12. GOPbreakinglaws says:

    Cindy, the Republicans have become bad people, at least in the state of WI. What Scott Walker is doing is ILLEGAL. He is desperate, trying to do everything he can to push his policy through, even violating court order. So, now we have a Gov & DOA who disregard the law. What next I ask? If they can disregard the law, why should anyone else be held accountable if the head of our state is not? Walker does what he pleases, breaks laws to do it & CHARGES TAXPAYERS when he gets held accountable in a court of law! How irresponsible!!! I do not want my taxes going to the “get Stupid Walker out of jail fund”. If he keeps breaking laws, make him use his own darn money to fight his own battles. Why should we?

  13. GOPbreakinglaws says:

    What else do I have a problem with regarding Republicans? Well, I have never heard a Democrat praising himself for his high moral standards. I hear LOTS of Republicans doing so -= almost like being a conservative means taking the high road. Not for Newt…the serial cheater who berated Clinton for his transgressions but thought he was above it himself. Sick. Delusional. Or how about in our own state of WI. We have a budget crisis cries Scott Walker! How are we going to survive asks Walker? Then Walker’s buddy, GOP Senator Randy Hopper gets his 26 year old booty call (yeah HE IS STILL MARRIED, BUT SHACKS UP WITH A 26 YEAR OLD) a job at the capitol with a 36% INCREASE in salary over the previous employee in the same position. THat is wrong. At least MONICA interned, the GOP actually hire their whores and pay them at taxpayer expense!!!

  14. GOPbreakinglaws says:

    Last, how much is it going to cost taxpayers to right all the legal violations that Walker is adding up on a weekly basis? It was very expensive for Milwaukee taxpayers when Walker got caught cheating the system and firing all the court house guards so he could privitize those services. But he picked the wrong company, didn’t save money and had a HUGE PR problem with naughty behavior from the PRIVATE employees. Cost hundreds of thoudands to Milwaukee taxpayers for Walker’s stupidity. Fitz and Walker are going to RUIN the state of WI and when it is all over and a neutral party comes in to survey the damage, I don’t want to hear all the right wingnuts saying “it was DOYLE’s problem!” No, this is all Walker’s doing. He wants a trip to the White house & thinks that sticking it to middle america will pay off big. He behaves like a dictator. Walker doesn’t like a law? Rewrite it! Doesnt want to adhere to a court order? Defy it! Doesn’t want to serve the majority of people in the state of Wisconsin? Make up emails & LIE! Doesn’t want to play fair & abide by the open records law? Drag it out & make dumb taxpayers pay for delays in court! Doesn’t like a critic from UW Madison? Silence him illegally & try to bully him!
    Is this what your beloved GOP looks like? Because I am a god fearing woman and I think the anti-christ is right here is WI, laughing it up in the Governor’s mansion while REAL WI families suffer. Walker does not care about ANYONE, liberal or conservative. Cindy, all you and your wingnut buddies are to him is a ticket to Washington. Then, he will serve you up on a platter to be torn apart by his administration & no one is going to care.

  15. GOPbreakinglaws says:

    Capper you are right – it is not law. Walkers DOA is so stupid that they think that posting it on their website makes it so. Circumventing the legal process and creating a new role in WI so that this law could be published is beyond ANYTHING Obama would ever do. I don’t Obama AT ALL, but Walker is way, way, way worse. And not even educated. Perhaps that is why he makes so many stupid decisions.

  16. GOPbreakinglaws says:

    Tickled it all worked out? Tickled that families will lost income? That some families will have job loss? What is wrong with you? It is all ok if it happens to someone else. Just as long as Walker stays out of your backyard, you could care less, right? So typical. So pathetic.

  17. John Foust says:

    IllyT breaks it down for you.