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“Grounding Of A Romulan”: Federal Judge Strikes Down Part Of Scott Walker’s Anti-Collective Bargaining Law

A Wisconsin federal district court judge has ruled that some key elements of Wisconsin’s Act 10—Governor Scott Walker’s anti-collective bargaining law—violates the equal protection rights of affected state employee unions.

The ruling extends to the law’s prohibition of automatic dues collecting and the requirement that the affected unions hold annual recertification elections requiring a majority of the union’s workforce members.

At the heart of the court’s ruling is the exemption Scott Walker gave to police and firefighter unions who remain free to automatically collect membership dues and require no annual recertification vote.

Walker has long claimed that these unions were given special treatment because the state could not afford a strike or any disruption of the critical services provided by police and firefighters as a result of being saddled with the restrictions placed on the general service unions.

The remaining unions have never bought the explanation, believing that the exemption was payback for the support given to Walker’s candidacy by the police and firefighters. Clearly, Federal District Judge William Conley agreed, writing in his ruling published today,

The fact that none (emphasis provided by the Judge) of the public employee unions falling into the general category endorsed Walker in the 2010 election and that all (emphasis provided by the Judge) of the unions that endorsed Walker fall within the public safety category certainly suggests that unions representing general employees have different viewpoints than those of the unions representing public safety employees. Moreover, Supreme Court jurisprudence and the evidence of record strongly suggests that the exemption of those unions from Act 10’s prohibition on automatic dues deductions enhances the ability of unions representing public safety employees to continue to support this Governor and his party.

Wisconsin Education Association Council et al. v. Scott Walker, et al.

Acting on the ruling, the Court issued an injunction allowing all of the state’s public employee unions to begin the automatic collection of member dues and striking the requirement that they recertify each and every year.

In a statement on the ruling, Wisconsin Democratic Party Chairman, Mike Tate, said;

Scott Walker’s so-called budget repair bill has been divisive, unfair, radical and offensive to the values of Wisconsin. Now it’s been found to be offensive to the Constitution. Wisconsin deserved better than this bill, just as it deserves better than Scott Walker.

Governor Scott Walker is facing recall on June 5th.

By: Rick Ungar, Contributing Writer, The Policy Page, Forbes, March 30, 2012

March 31, 2012 Posted by | Collective Bargaining, Public Employees | , , , , , , , | 1 Comment

“Talking In The Bathroom”: Abstinence-Only Education May Well Come To Wisconsin And Utah

Here’s a way to save time debating women’s health. Rather than allow people to fight and debate the issues around birth control and access to healthcare, simply don’t tell them key facts about contraception and sexual health. That way, rather than fighting, kids will be blissfully ignorant. Or, you know, rely on the wisdom of my sister’s best friend’s cousin who says you definitely can’t get pregnant if it’s a full moon.

Legislatures in both Wisconsin and Utah have passed abstinence-only education bills. It’s now up to governors in both states to determine whether or not to make the measures law.

Utah’s proposal is significantly more stringent. It would actually ban schools from teaching about contraceptives—and, for that matter, homosexuality. The Deseret News reports that hundreds of protesters have flooded the capitol, asking Governor Gary Herbert to veto the bill. The governor has said the public efforts against the measure won’t sway him; according to the News, a survey at Brigham Young University showed 58 percent of Utah residents believe contraceptives should be part of the curriculum in sexual education. Herbert is expected to decide on the bill next week. In the meantime, parents may want to stock up some Judy Blume books.

Meanwhile, in Wisconsin, Governor Scott Walker is already a fan of the measure, and is expected to sign it into law. The Green Bay Gazette explains that the bill, passed, 60-34 in the GOP-dominated House this week, would require schools “to teach abstinence as the only reliable way to prevent pregnancy and sexually transmitted diseases.” Abstinence-only education has been banned since 2010, but if this measure passes, schools won’t have to mention contraception, though according to HuffPo, they do have to get into “the socioeconomic benefits of marriage.” (Presumably LGBT kids can sit out that day, since the party isn’t big on letting them get married.)

Last year, the New York Times Magazine featured a fascinating story on what would happen if we actually taught children sex-positive education, dealing with questions not only about sexual health but also about sexual pleasure. The article made a key point—that many of today’s adolescents rely on internet pornography for much of their knowledge around sex. Kids get exposed to sex at younger and younger ages. Regardless of one’s opinions on that, it’s disturbing that those same kids will lose potential adult mentors who could have offered accurate information to counter the many falsehoods that come, either from the porn industry or simply talking in the school bathroom.

By: Abby Rapoport, The American Prospect, March 15, 2012

March 16, 2012 Posted by | Women's Health | , , , , , , , , | Leave a comment

“The Fundamental Right To Vote”: Second Judge Strikes Down Wisconsin’s ALEC-Inspired Voter ID Law

A Dane County judge has declared Wisconsin’s American Legislative Exchange Council-inspired voter ID law unconstitutional, making him the second judge in one week to block the law’s unnecessary burdens on the right to vote.

“The people’s fundamental right of suffrage preceded and gave birth to our Constitution,” wrote Dane County District Judge Richard Niess, “not the other way around.”

The judge rebuffed assertions by Governor Scott Walker and legislative Republicans that they possessed the authority to impose new burdens on voting. “[D]efendants’ argument that the fundamental right to vote must yield to legislative fiat turns our constitutional scheme of democratic government squarely on its head,” he wrote.

“A government that undermines the very foundation of its existence – the people’s inherent, pre-constitutional right to vote – imperils its legitimacy as a government by the people, for the people, and especially of the people. It sows the seeds for its own demise as a democratic institution.”

The case was brought by the League of Women Voters and tried by the law firm Cullen, Weston, Pines & Bach.

Judge Niess’ decision comes less than a week after a Wisconsin State Court judge temporarily enjoined the same voter ID law — Act 23 — on grounds it likely violated the state constitution, but only until that court could hear a full trial. Niess’ decision, also decided under the Wisconsin Constitution, permanently invalidates the law. Governor Walker’s Department of Justice says they will quickly appeal the decision.

Voting Protected by Wisconsin Constitution

Article III, Section 1 of the Wisconsin Constitution provides that all state residents who are U.S. citizens and over age 18 may vote, and Section 2, according to the decision, “authorizes the government to exclude from voting those otherwise-eligible electors (1) who have been convicted of a felony and whose civil rights have not been restored, or (2) those adjudged by a court to be incompetent or partially incompetent, unless the judgment contains certain specifications.”

According to Judge Niess, Section 1 and 2 provide the exclusive basis for creating laws that implement the constitutional requirements for voting. “The government may not disqualify an elector who possesses those qualifications on the grounds that the voter does not satisfy additional statutorily created qualifications not contained in Article III, such as a photo ID,” he wrote.

“By enacting Act 23’s photo ID requirements as a precondition to voting, the legislature and governor have exceeded their constitutional authority.”

Wisconsin passed Act 23 in May on a contentious, party-line vote. Four lawsuits challenging the law have since been filed. Wisconsin Republicans assert that the law should be upheld because the U.S. Supreme Court decided in 2008 that Indiana’s relatively similar voter ID law did not violate the U.S. Constitution. However, two of the four lawsuits are challenging Act 23 under the Wisconsin Constitution, which unlike the U.S. Constitution expressly protects the right to vote. Wisconsin’s voter ID law is also more strict than Indiana’s, and evidence indicates it will place more burdens on a greater number of people.

Voter ID’s ALEC Roots

Wisconsin’s voter ID law bears many elements of the ALEC model Voter ID Act. ALEC began to focus on voter ID shortly after the highest general election turnout in nearly 60 years swept America’s first black president into office with strong support from college students and African-Americans. Soon after the 2008 elections, “Preventing Election Fraud” was the cover story on the Inside ALEC magazine, and ALEC corporations and politicians voted in 2009 for “model” voter ID legislation.

Around 34 voter ID bills modeled after the ALEC template were introduced in 2011. Those bills have been coming under increasing scrutiny in recent months.

Judge Niess’ decision came on the same day that the U.S. Department of Justice blocked Texas’ ALEC-inspired voter ID law on grounds it would suppress the Latino vote. Last December, the D.O.J. blocked South Carolina’s voter ID bill as discriminatory against people of color. Texas and South Carolina are two of several states with a history of discrimination requiring federal pre-clearance for changes to voting laws or procedures under the 1965 Voting Rights Act. Wisconsin is not subject to pre-clearance.

“The right to vote belongs to all Wisconsin citizens”

While last week’s state court decision by Judge David Flanagan focused on how the voter ID law “is addressed to a problem which is very limited” and “fails to account for the difficulty its demands impose upon indigent, elderly and disabled citizens,” Judge Niess issued his decision based solely on the legislature’s constitutional authority to regulate voting. “It is not necessary to consider the human cost of photo ID requirements in order to expose their constitutional deficiencies,” he wrote. “They are unconstitutional on their face.

But, Judge Niess wrote, “there is no harm in pausing to reflect on the insurmountable burdens facing many of our fellow constitutionally qualified electors should Act 23 hold sway.”

“Mostly they would consist of those struggling souls who, unlike the vast majority of Wisconsin voters, for whatever reason will lack the financial, physical, mental, or emotional resources to comply with Act 23, but are otherwise constitutionally entitled to vote.”

While noting that “where it exists, voter fraud corrupts elections and undermines our form of government,” Niess stated that “voter fraud is no more poisonous to our democracy than voter suppression. Indeed, they are two heads on the same monster.”

Niess wrote:

“Where does the Wisconsin Constitution say that the government we, the people, created can simply cast aside the inherent suffrage rights of any qualified elector on the wish and promise – even the guarantee – that doing so serves to prevent some unqualified individuals from voting?

It doesn’t. In fact, it unequivocally says the opposite. The right to vote belongs to all Wisconsin citizens who are qualified electors, not just the fortunate majority for whom Act 23 poses little obstacle at the polls.”

 

By: Brendan Fischer, Center for Media and Democracy, March 13, 2012

March 14, 2012 Posted by | Civil Rights, Democracy, Election 2012 | , , , , , , | Leave a comment

Wisconsin GOP Leader Proposes Legislation To Blame Single Parents For Child Abuse And Neglect

Wisconsin State Senator Glenn Grothman, the Assistant Majority Leader and a close ally of GOP Governor Scott Walker in the effort to destroy collective bargaining in the Badger State, is taking crazy to new levels.

Grothman has introduced a bill that would require the State of Wisconsin to officially deem single parenthood to be a “contributor” to child abuse and neglect and to put the same into statutory laws of the state.

Seriously…no kidding…really.

Here is the relevant section of the Wisconsin law that was the subject of a hearing yesterday in the Wisconsin state Senate Committee on Public Health, Human Services and Revenue. The bold lettering represents the amendments to the existing law that Senator Grothman has proposed for addition:

Section 1. 48.982 (2) (g) 2. of the statutes is amended to read: 48.982 (2) (g) 2. Promote statewide educational and public awareness campaigns and materials for the purpose of developing public awareness of the problems of child abuse and neglect. In promoting those campaigns and materials, the board shall emphasize nonmarital parenthood as a contributing factor to child abuse and neglect.

Section 2. 48.982 (2) (g) 4. of the statutes is amended to read: 48.982 (2) (g) 4. Disseminate information about the problems of and methods of preventing child abuse and neglect to the public and to organizations concerned with those problems. In disseminating that information, the board shall emphasize nonmarital parenthood as a contributing factor to child abuse and neglect.

If it strikes you as odd that the Wisconsin senate is spending the taxpayers’ money debating this sort of legislation in committee—considering that a full one-third of Wisconsin’s parents are, indeed, single parents—you need to understand a little bit more about Wisconsin state Senator Grothman.

You should know that it was Senator Grothman who informed us last year that The Left and the social welfare establishment want children born out of wedlock because they are far more likely to be dependent on the government.” This is also the same Senator Grothman who opposed a provision in the 2010 Wisconsin sex education law that would prohibit teachers from promoting bias based on sexual orientation because he believed that instructors would have an “agenda” to persuade students to become gay.

And, yes, this is the same Senator Grothman who wants to defund kindergarten programs for 4-year-olds because, argues Grothman, any academic benefits disappear by the fourth grade, and the program is used by school districts to pad their budgets to get more state aid.

Apparently, no longer content with suggesting that single parents (most of whom were not always single) are only out to bilk the government when deciding to have children, Grothman has decided that these same evil doers are more responsible for child abuse and child neglect than, say, alcoholics, people with mental health issues, married couples who engage in domestic violence, unemployment and the other causes cited as material contributors to child abuse.

I say that Grothman believes single-parenthood to be more responsible because I don’t see him proposing that these other causes be specifically included in his legislation.

To be fair, data reveals that there are more incidents of child abuse in households with only one parent than in households with two parents. But the data does not indicate that this factor is somehow more responsible for child abuse than the other factors listed above so, again, why single this factor out to include in the state’s statutes and not the others?

According to Lisa Subeck, a program manager and family advocate at Wisconsin’s Dane County Parent Council Head Start, Grothman’s bill was written to dictate personal choices rather than to help prevent child abuse. Says Subeck, “Sen. Grothman is inserting government into what should be a very personal decision.

That sounds about right.

And here I thought it was the GOP that was dedicated to keeping government out of our private lives.

My bad.

 

By: Rick Ungar, Contributor, The Policy Page, Forbes, March 2, 2012

March 3, 2012 Posted by | Wisconsin, Wisconsin Republicans | , , , , , , , | 3 Comments

“A Very Bad Boy”: Will Gov. Scott Walker Ever Come Clean On Wisconsin’s Budget Deficit?

Scott Walker is running a television commercial extolling the crowning achievement of his short time in office —the balancing of the Wisconsin state budget and the wiping out of the $3.2 billion deficit he inherited. Check this out: http://youtu.be/vYFrt_jwdCk

Even the harshest critic of the Wisconsin governor would have to acknowledge that this is some pretty impressive work. For a governor to balance his state’s budget in these tough times—even if it is done by making Draconian cuts to health and education—is a noteworthy accomplishment.

Of course, such admiration would only be required if the Governor had, in truth, actually succeeded in the manner he suggests.Unfortunately, it turns out that Scott Walker is being a very bad boy…again.

In fact, we now know that the Governor is either being untruthful with the good people of Wisconsin on the whole ‘I balanced the budget and wiped out the deficit’ thing or he’s been, shall we say, stretching the truth when speaking to Uncle Sam on the same topic.

As we all know, it’s not nice to lie to your Uncle Sam.

In a letter sent by Mike Huebsch, Walker’s Administration Secretary, to the U.S. Department of Health & Human Services just two months ago, Huebsch disclosed that the state of Wisconsin would have an ‘undisclosed deficit’ from January, 2012 through June, 2013.

But didn’t we all just watch the video where Walker extolls his great victory in cleaning up the state’s multibillion dollar deficit?

If you’re confused, get use to it as it only gets worse.

This latest episode in the “Adventures of Scott In Dairyland” it is the perfect expression of everything we have come to expect from Governor Walker—half-truths designed to mislead, broken campaign promises, and a predilection to sneak  through the back door when going in via the front would result in way too much unwanted exposure.

Let’s begin with why Walker would want to go on record with his letter to HHS claiming a deficit while, at the same time, campaigning on a message that tells a very different story.

Federal law allows a state to remove people from the state’s Medicaid rolls only in the circumstance where the state can show that it is suffering deficits. As Walker is planning to make even more cuts to Wisconsin’s health budgets—cuts he tells us he is attempting to accomplish without forcing people out of this critical health program—the Governor wants to keep his options open. To do that, it was necessary for the Walker Administration to tell HHS that his state is running a deficit while attempting, at the same time, to convince voters of the precise opposite—all so he can hold onto the opportunity to place more than 50,000 Wisconsinites in danger of losing their only access to health care.

Perfectly understandable, yes? After all, what’s a governor to do when he wants to take health care away from thousands while trying to convince those same people to vote for him in a recall election?

It’s not easy being Scott.

Still, we are left to wonder whether Walker is lying to the people of Wisconsin or fibbing to the federal government? It pretty much has to be one or the other.

The answer is dependent on, of all things, accounting.

The Milwaukee Journal Sentinel does a good job of laying it out-

In June, Walker and Republican lawmakers passed a balanced budget according to the measure that is always used for state budgets – cash accounting. That means essentially that the state will have cash left in its main account – an estimated balance of $68 million – when the budget ends on June 30, 2013.

That’s the measure that state officials use for budgets and the one Walker has repeatedly touted in statements when he says he eliminated a $3 billion budget deficit on a cash accounting basis.”

There are, essentially, two accepted methods of accounting. There is the “cash method”— the one utilized by the Wisconsin legislature and Gov. Walker in creating their balanced budget—which accounts for how much money is in the bank at the end of the fiscal year after bills have been paid. If there remains cash in the bank account, then there is no deficit.

Of course, this approach does not take into account the reality that upcoming obligations are not only going to wipe out that cash, but create a deficit when those obligations exceed what is in the bank. As a result, cash accounting rarely presents a true picture of an organization’s finances—which is precisely why every public company in America, along with most city and country units of government, are required to use the GAAP method.

GAAP (the acronym for Generally Accepted Accounting Practices) accounting takes into consideration the money expected to come in and the money committed to going out in order to work out where an organization actually stands.

If you employ the cash method being utilized by Governor Walker, were you to have $100 in the bank at the end of the year, after all the invoices that came in during December have been paid, you can credibly claim that you have no deficit. Never mind that you know full well that a credit card bill is coming in January for the $5,000 you spent Christmas shopping during the month of December and that there won’t be anywhere near enough cash in your bank account to pay that bill when it arrives. That is what we call a deficit. If you are using GAAP, you are required to account for that $5,000 obligation in the month you rack up the obligation. Thus, what is a $100 surplus if you are using cash accounting becomes a $4900 deficit if you are using the more precise GAAP accounting.

What Walker is doing here is using the cash method of accounting to form the basis of his claims as stated in his advertisement while using GAAP accounting when making his claim to the Feds.

That’s a no-no in anybody’s version of the real world—or should I say anybody but Scott Walker. While the rest of us are required to live and die by the accounting method we choose, Governor Walker, apparently, doesn’t believe that this applies to him because …well, because Governor Walker is ‘special’. He is, after all, on a first name basis with the Koch Brothers.

To be fair, politicians have long used the more favorable cash method of accounting to lay claim to better financial results, including Walker’s predecessor, Democrat Governor Jim Doyle.  However, because this is so dishonest a way of putting forth the realities of a state’s financial condition, people have long been disturbed by the practice—people like ….Scott Walker?

It seems that while Governor Walker now chooses to use cash basis accounting rather than a more honest representation of the state’s finances—at least when reporting his results to the people of Wisconsin—Candidate Walker saw it very differently. In fact, in 2010, Walker vigorously campaigned on the importance of ridding the state of this distorted method of accounting, going so far as to state on his  campaign website that he would  “Require the use of generally accepted accounting principles (GAAP) to balance every state budget, just as we require every local government and school district to do.”

How quickly he forgets—except when it serves his purposes to suddenly convert to GAAP when he wants something from the federal government.

There is really no logical way around the conclusion that Governor Walker has, at the very least,  (a) broken an important campaign promise within months of making that promise, and (b) lied to either the people of Wisconsin or the government of the United States.

The good news is that Governor’s Walker’s spokesman, Cullen Werwie, doesn’t see a big deal here. He tells us that this is all “…nothing more than what we’ve been saying all along.”

That’s good enough for me. I mean, it’s not like this is the Cullen Werwie who required a grant of immunity from prosecution before he would cooperate with prosecutors in the John Doe investigation into illegal electioneering that threatens to bring down the Walker Administration before we even get to the recall vote.

Oh wait….it seems that the governor’s chief spokesman is the very same Cullen Werwie who required a grant of immunity to avoid prosecution.

Say what you will about the folks running things up in Madison, Wisconsin, but you certainly can’t say they aren’t colorful.

February 15, 2012 Posted by | Wisconsin, Wisconsin Republicans | , , , , , , , | Leave a comment