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Gov Scott Walker Vows Anti-Union Bill To Go Through “One Way Or The Other”

Wisconsin Gov. Scott Walker (R) appeared Friday on Fox News, and explained to Neil Cavuto that a judge’s ruling Thursday that struck down his controversial anti-public employee union law, based on a procedure involved in passing it, would not be a major issue — that the state is appealing the decision, and in any case they could simply re-pass the same law without the procedural defect.

“Governor, what do you do now?” asked Cavuto.

“Well, for us, the clear thing that was — we found out of that ruling is not that the law was not valid, but that the process was used, at least according to the circuit court, was not correct,” said Walker.

“So, either next week when the Supreme Court starts to hear this case, either by the time they’re done in June, or ultimately by the end of June, when we have to have the legislature passing a state budget — one way or the other, either through the Supreme Court or the legislature, these reforms will be put into place, and we’ll ultimately be able to protect middle-class jobs and middle-class taxpayers here in the state of Wisconsin.”

Walker also explained to Cavuto: “the process was not the vote itself, it was the timing of the vote, and how far in advance notice was given. They could take this same vote again, as part of the state budget process, or in separate legislation, and still have the same outcome.”

On Thursday, Dane County (Madison) Judge Maryann Sumi — who had previously blocked Wisconsin’s controversial anti-union law from taking effect, pending litigation — officially ruled that the manner in which the bill was passed violated the state’s Open Meetings law, and that the law itself is therefore not valid.

The matter revolves around a key conference committee used to advance the bill — and to get around the state Senate Dems’ walkout from the state — and whether it violated the state’s Open-Meetings law by failing to give enough prior notice. Therefore, it is ruling on procedural grounds, rather than on the substance of the bill itself, which was not addressed. And as such, it would be possible to pass the bill again, giving full notice for all the meetings involved.

Two months ago, Sumi blocked the law on these procedural grounds, issuing a temporary restraining order on the grounds the plaintiff, the Dane County District Attorney, had a likelihood of success in his complaint.

The Walker administration then made multiple attempts to disregard the ruling and implement the law anyway, before ultimately backing down in the face of repeated orders.

 

By: Eric Kleefeld, Talking Points Memo, May 27, 2011

May 28, 2011 Posted by | Collective Bargaining, Conservatives, Democracy, GOP, Gov Scott Walker, Government, Governors, Ideology, Middle Class, Politics, Public Employees, Republicans, Right Wing, State Legislatures, States, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , , | 1 Comment

Wisconsin OKs Recall Elections For GOP Sens. Randy Hopper, Luther Olsen, Dan Kapanke

The Wisconsin board that oversees elections rejected most challenges Monday to a recall effort targeting three Republican state senators, clearing the way for a July 12 election.

The Government Accountability Board rejected the challenges made to recall petitions targeting Republican Sens. Dan Kapanke of La Crosse, Randy Hopper of Fond du Lac and Luther Olsen of Ripon.

They are among nine lawmakers, six Republicans and three Democrats, targeted for recalls for their positions on GOP Gov. Scott Walker’s proposal taking away collective bargaining rights from most state workers.

Democrats are pushing the recalls as a way to gain majority control of the Senate, which they lost in the fall 2010 election. Democrats need to pick up three seats to gain a majority.

Republicans currently control both houses of the Legislature, providing GOP Gov. Scott Walker a clear path to passing his legislative agenda.

It was passage of Walker’s collective bargaining proposal that motivated all nine recalls. Republicans were targeted for supporting the bill while the Democrats were targeted for leaving the state for three weeks in an ultimately vain attempt to block passage of the bill.

The law has not taken effect pending a legal challenge.

State lawmakers are considering passing the law again, as part of the state budget in June, if the courts have not resolved the issue by then.

Most of the recall elections are likely to take place July 12, unless delayed by a court challenge. If a primary is necessary, that would occur July 12 with the general election likely Aug. 9.

The other Republican lawmakers facing recall elections are Sens. Robert Cowles of Allouez, Sheila Harsdorf of River Falls and Alberta Darling of River Hills. Democrats facing recalls are Sens. Dave Hansen of Green Bay, Robert Wirch of Pleasant Prairie and Jim Holperin of Conover.

The board plans to evaluate the challenges to those six recall petitions at its May 31 meeting, and likely would certify all the petitions that same week.

By: Jason Smathers, Associated Press, May 23, 2011

May 23, 2011 Posted by | Collective Bargaining, Conservatives, Democracy, Elections, GOP, Gov Scott Walker, Government, Governors, Lawmakers, Politics, Public Employees, Republicans, State Legislatures, States, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , , | Leave a comment

Wisconsin Recalls Are Heating Up

Recent protests at WI capitol

Recall elections loom on the horizon as petitions against nine Wisconsin state senators were recently submitted to the Government Accountability Board (GAB). Each successful petition must include 25 percent of the total number of votes cast in that senate district in the last election.

The recall efforts of Republican senators who supported Gov. Scott Walker’s Budget Repair Bill, and the Democratic senators who left the state to delay voting on the bill, are a result of the political firestorm that quickly flared up over the bill that sought to eliminate almost all collective bargaining rights for public workers.

Currently, the Republican senators who are facing a recall election are Alberta Darling, Robert Cowles, Sheila Harsdorf, Luther Olsen, Randy Hopper and Dan Kapanke. Democrats are facing recall efforts are — Dave Hansen, Jim Holperin and Robert Wirch.

The Milwaukee Journal Sentinel reported that there have also been petitions that didn’t have enough signatures on them to spark a recall. Democratic senators Lena Taylor and Spencer Coggs (both from Milwaukee), Senate Minority Mark Miller (Monona) and Fred Risser (Madison) all have all survived the recall attempts against them. Recall efforts against Republicans Glenn Grothman (West Bend) and Mary Lazich (New Berlin) also failed to garner sufficient support.

Circulators hired by the state Republican Party have submitted “hundreds if not thousands of invalid signatures” in recall drives targeting three Democratic state senators. Volunteers have been working overtime to enter each name into a data base and cross-check it with the phone book and other record. One man who signed a recall petition was Bill Pocan, the deceased father of State Representative Marc Pocan. The Wisconsin Democratic Party (DPW) is formally challenging  all three of the recall petitions filed against Democrat senators.

Republicans have filed challenges against “all petitions targeting GOP senators. In addition to their individual signature challenges, they claim the GAB should throw out the petitions because the recall organizers did not properly register with the state.” The elections for recalled legislators with completed petitions will likely be held July 12, 2011.

By: Jennifer Page, Center for Media and Democracy, May 6, 2011

May 6, 2011 Posted by | Collective Bargaining, Democracy, Elections, Gov Scott Walker, Politics, Public Employees, State Legislatures, Union Busting, Unions, Wisconsin | , , , , , , , | Leave a comment

Amoral And Illegal: Gov Walker Misleads On His Administration’s Legal Support For GOP Legislators

Last week, Wisconsin Governor Scott Walker put a deceptively positive gloss on the legal battles surrounding his stalled union-busting bill in an interview with the right-wing Newsmax website.

Background on the Legal Battles

As CMD has reported, Governor Walker’s union-busting bill (“Act 10”) was amended by a conference committee on March 11 to avoid quorum requirements, then passed by the Wisconsin Senate with no Democrats present. State Open Meetings laws require 24 hours notice for all meetings, or two hours with “good cause,” but neither standard was met at the March 11 vote. Following a complaint from Dane County’s District Attorney, Judge MaryAnn Sumi found a probable Open Meetings violation and issued an order preventing the Secretary of State from publishing the bill, a necessary step before it can become law. Attorney General JB Van Hollen appealed the decision, and the Court of Appeals offered the case to the state Supreme Court on March 24, which has not taken action (possibly because Justice Prosser’s election is still pending). In the meantime, the Legislative Reference Bureau published the law under statutory authority separate from that of the Secretary of State, raising questions of whether the bill has become law, and prompting Judge Sumi to issue an order declaring it not to be in effect.

On April 7, Governor Walker’s Administration jumped into the fray and asked the Wisconsin Supreme Court to vacate Judge Sumi’s order.

Walker Administration’s Legal Position Contrary to Governor’s Statements

The Walker Administration’s petition was discussed during the Governor’s videotaped interview with mustachioed Newsmax anchor Ashley Martell. Walker said:

My administration this week appealed to the state Supreme Court on two counts. Really both on […] the fact that we don’t believe it is legitimate for the judge to be an issuing a temporary restraining order when we think the law was dufully (sic) passed by the members of the state legislature. (at 3:29)

Mustache Martella replied: “speaking of that, the legal issue seems to be the notice given before the vote . . .”

The heart of the issue that is regarding the restraining order really involves the issue of the open meetings laws and whether or not there was notice on that. The legislature feels, and I think they are right about this, that they very clearly did follow the statute, that under other circumstances there might be a problem, but in a special session . . . it is clear that they followed the law. (at 4:12)

Despite Walker’s faith in the conduct of fellow Wisconsin Republicans, his legal team is not contending that GOP legislators followed the law, but only that violations of that law be enforced more leniently. In its petition to the Supreme Court, not once does Walker’s Administration argue that Republican legislators acted lawfully.

Walker’s petition focuses on three issues, claiming (1) that breaking an Open Meetings law is a “procedural violation” that cannot be punished through voiding a legislative act, (2) that a court does not have jurisdiction to prevent a bill from becoming law (even if it may have authority to void a law once enacted), and (3) that the Act is published and is now law, meaning Sumi’s order has no relevance. The brief also questions whether the District Attorney can sue to invalidate a statute, and whether Judge Sumi could enter an order considering defendants’ legislative immunity. Significantly, the petition does not discuss whether legislative notice rules can override Open Meetings laws (which, if argued, could have implied legislators acted lawfully).

Put Your Money Where Your Mouth Is

Walker’s Newsmax statements give the impression that legislators acted honorably, avoiding the fact that they may have illegally shut citizens out of the political process, violated the state’s constitutionally-recognized open government guarantees, and did so on a bill that has a significant impact and massive public attention. This is no small matter. As the late Wisconsin Supreme Court Justice William Bablitch wrote in the 1994 case State ex rel. Hodge vs. Town of Turtle Lake: 

The purpose of the Open Meetings Law is to protect the public’s right to be informed to the fullest extent of the affairs of government. . . An open meetings law is not necessary to ensure openness in easy and noncontroversial matters where no one really cares whether the meeting is open or not. Like the First Amendment, which exists to protect unfavored speech, the Open Meetings Law exists to ensure open government in controversial matters.

Open Meetings laws are fundamentally important to Wisconsin’s democracy, and violations are serious business. If Walker genuinely believes the GOP lawmakers’ actions were virtuous and lawful, his administration’s legal documents should reflect that.

By: Brenda Fisher, Center for Media and Democracy, April 13, 2011

April 14, 2011 Posted by | Collective Bargaining, Democracy, Gov Scott Walker, Governors, Ideologues, Ideology, Politics, Public Employees, Right Wing, State Legislatures, Union Busting, Unions, Wisconsin, Wisconsin Republicans | , , , , , , , , , | Leave a comment

Wisconsin Supreme Court Race Throws A Spanner In The Works Of Wisconsin Wingnuts

While Wisconsin Congressman Paul Ryan prepares to shut down the federal government to prove that government is bad, analysts say the radical agenda of Wisconsin Governor Scott Walker suffered a major set back today as his good friend incumbent Justice David Prosser was defeated for Wisconsin Supreme Court. The AP unofficial vote count, with 100 percent of the precincts reporting, puts challenger Joanne Kloppenburg ahead by slightly more than 200. A recount is doubtless on the way.

In a state that has never unseated a conservative Supreme Court justice, people power fueled a concentrated effort to deny the Imperial Walker one branch of government. Walker’s opponents hope a Kloppenburg victory will swing the Supreme Court in a more independent direction and set the stage for the court to strike down Walker’s controversial collective bargaining law. While the fate of the law is uncertain, Kloppenburg’s three week sprint from dead-in-the-water to victor may give Walker, Ryan and other Wisconsin politicians pause as they rush to radically reshape government to benefit the privatizers and profiteers. 

Sleepy Court Race Electrifies the State

While it may seem odd to many Americans, Wisconsinites like to elect their judges. Although an elected judiciary has its problems (namely, unseemly high-dollar elections), the ballot box sometimes hands citizens a rare opportunity to un-elect judges — and that is what many Wisconsinites decided to do today.  Prosser, a former Republican Assembly Speaker, stumbled when his campaign embraced Walker’s election.

The Kloppenburg victory is stunning. Six weeks ago, sitting Judge David Prosser was a shoo-in and the challenge by Assistant Attorney General Kloppenburg was a snooze fest. But something happened on the way to the high court. A governor, who was elected to create jobs, took office and quickly moved to disenfranchise voters and kneecap unions so they could no longer be a viable force in state elections. The raw power grab sparked a spontaneous uprising, the likes of which this state has never seen, and the Supreme Court race was the next vehicle for people to have their voices heard.

Proxy Fight Over Worker Rights

The whole country took notice when firefighters, teachers and cops stood with working families across Wisconsin to say ‘no’ to Walker’s radical plans to bust unions, cut $1 billion from schools and privatize the university system.

When his “budget repair bill” was passed March 9th, many national observers thought the fight was over.  With large margins in both houses, Walker’s stranglehold on government seemed invincible.

But irate Wisconsinites fought back on multiple fronts, filing lawsuits over the way in which Senate leaders rammed the bill through with less than the requisite notice required under the state open meetings law, blocking the bill’s implementation. They filed recall petitions against eight Wisconsin senators and this week delivered the requisite signatures for two of those recalls well ahead of schedule. They turned their attention to the heretofor unnoticed race for Wisconsin Supreme Court. Within days, handmade signs for Joanne Kloppenburg popped up across the state. Many voters understood that to win any of the battles ahead over worker rights, over the recalls, over redistricting and more, a more balanced judiciary was needed.

Kloppenburg went from being a long-shot to victory in a three-week sprint marked by huge independent expenditures on both sides. The anticipated recount will keep the juices flowing and will fuel the remaining recall fights.

Shock Doctrine at Work

While some voters believe the court will act as a check and balance on the madness at the state level, they are concerned that Paul Ryan continues to run amok at the federal level — threatening a complete government shut down. At the same time that Walker was working to obliterate unions and privatize public schools, Ryan, Chair of the House Budget Committee, decided to go after Grandma with the complete privatization of Medicare. His radical budget bill, unveiled this week, slashes trillions of dollars from America’s social safety net and throws the elderly into the private insurance market with a “voucher” in their pocket.

Less interested in balancing the budget than redistributing wealth, his budget plan would funnel billions into the pockets of big insurance firms while also giving a ten percent tax break to corporations and the very richest Americans.

What is really going on here? Naomi Klein warned in her groundbreaking book “Shock Doctrine” that the right-wing excels at creating crises, real and imagined, to viciously advance their pro-corporate anti-government agenda. She credits economist Milton Friedman who observed that “only a crisis—actual or perceived—produces real changes. When the crisis occurs, the actions that are taken depend on the ideas that are lying around. That, I believe, is out basic function: to develop alternatives to existing policies to keep them alive and available until the politically impossible becomes politically inevitable.”

UW Professor Joel Rogers wrote recently:  “As explained by Grover Norquist and Karl Rove, this project aims at national repeal of most of democratic achievements of the 20th century, a return to business domination of public life not seen since the Gilded Age and McKinley.”

The Wall Street financial crisis caused by years of deregulation and lack of government oversight cost Americans eight million jobs, tanking federal and state tax receipts and creating budget shortfalls. Ryan and Walker are moving to take advantage this real jobs crisis to cook up a fake deficit crisis to advance a radical agenda that is hostile to the very idea of government – the idea that sometimes services are best provided and things are best accomplished collectively, for the public good, and not for corporate profit.

Today, many voters believe that this agenda was checked in Wisconsin. While another recount battle looms, voters of Wisconsin are pledging that they will not allow this victory to be stolen.

By: Mary Bottari, Center For Media And Democracy, April 6, 2011

April 6, 2011 Posted by | Banks, Collective Bargaining, Corporations, Debt Crisis, Deficits, Democracy, Economy, Elections, GOP, Gov Scott Walker, Government Shut Down, Labor, Medicare, Middle Class, Politics, Public Employees, Rep Paul Ryan, Republicans, Right Wing, Union Busting, Unions, Voters, Wisconsin, Wisconsin Republicans | , , , , , , , , , | Leave a comment

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