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State Trying to Stop Collective Bargaining Decision

To avoid confusion on whether or not Act 10 is in effect, J.B. Van Hollen is asking the court for a stay while the case is being appealed.

 

As expected, Attorney General J.B. Van Hollen Tuesday filed a motion to stay the latest decision about Act 10, the collective bargaining law.

Last Friday, Dane County Circuit Court Judge Juan Colas ruled that parts of Act 10 are unconstitutional because the law violates the guarantee of freedom of speech and citizens' freedom of association. Colas also determined that Act 10 does not offer equal protection under the law because it creates a separate class of state workers.

In his motion to the Dane County Circuit Court, Van Hollen outlines his belief that the decision will be overturned on appeal. Until the appellate court rules, Van Hollen believes a stay is appropriate to avoid any confusion for municipalities and school districts that have negotiated contracts based on the rules of the collective bargaining law.

“Act 10 addressed real and significant financial problems faced by local governments. It makes no sense to force a return to a broken system before the appellate process is completed," he said in a written statement to media.

The decision comes after the Madison teachers union and a Milwaukee city employee union filed suit. Colas' decision comes after US District Judge William Conley upheld parts of Act 10, but also declared portions of the law unconstitutional. In Conley's ruling, he rejected the equal protection argument, but he also ordered that automatic dues withdrawals be reinstated by May 31 because public safety employee unions are not held to the same standards.

After Colas' decision was announced, Gov. Scott Walker issued a statement saying he is confident this latest set-back will be overruled on appeal.

"The people of Wisconsin clearly spoke on June 5," Walker wrote. "Now, they are ready to move on. Sadly a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor. We are confident that the state will ultimately prevail in the appeals process."

Related Topics: Act 10, Gov. Scott Walker, J.B. Van Hollen, collective bargaining law, and public employee unions

Bren

3:06 pm on Tuesday, September 18, 2012

Well no surprise there. To any reasonable person, if the cookie-cutter legislation is staggering in multiple states, perhaps this anti-middle class approach should be walked back. We are the 47%! ; )

A 53% majority is hardly a mandate, Scott Walker. Not everyone loves that you are and several of your legislative rubber stampers are special interest puppets.

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Greg

3:16 pm on Tuesday, September 18, 2012

My vote was a mandate.
Union puppets are special inerest puppets. Actually you are the 46.28%.

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Bren

3:25 pm on Tuesday, September 18, 2012

I'm not sure what you mean by "union puppets are special interest puppets." Public unions? Private unions? Both? Most have funding arms to which employees may contribute.

Honestly I'm not sure which part of the % I am, looking at it through the lens of American citizenship. Does the 47% include corporations that receive "corporate welfare" in the form of subsidies? The folks that received an amnesty from the IRS for non-reporting of offshore accounts? These are the folks that seem to have more of an "entitlement" mentality than someone working hard at a full-time job and paying tax through payroll. My opinion only, of course.

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Greg

3:50 pm on Tuesday, September 18, 2012

Both. Everyone you support is a union puppet and like it or not, the unions are special interests.
I know clearly which part of the % I am, I would not think it would be that confusing.

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Bren

5:17 pm on Tuesday, September 18, 2012

Well, receiving donations from a group doesn't necessarily translate that you are a puppet. It's putting the interests of that special interest group in front of your own constituents.

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Terry

7:22 pm on Tuesday, September 18, 2012

I love these discussions. Name me a politician of either side that couldn't be called a "puppet" of special interests. The public employee unions are special interest groups. Are politicians that vote in union friendly ways their puppets? Corporations are clearly special interest groups. Are politicians that receive support from them puppets? The AARP, tavern league, MADD, and the NAACP are all special interest groups. Those politicians that see things their way, are they also puppets of these groups?

Special interest groups choose candidates that are friendly to their way of thinking. They support them to improve their chances of getting elected, because they believe that once in office the politician will see things their way. I am sure there are politicians that are "for sale" to the highest bidder, but I tend to think that is the exception, not the rule.

So who would be a puppet of the special interest groups? I am for one. I am forced to support candidates that I clearly loathe every month when I pay my mandatory union dues. My father, lifelong conservative and public employee, was a puppet of a special interest group. He even had to attend pr events for candidates he didn't support because attendance for union members was mandatory.

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Steve ®

12:47 am on Wednesday, September 19, 2012

omg brenda is actually going to defend public unions as not being puppets to the democratic socialist party.

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Bren

1:31 pm on Wednesday, September 19, 2012

Terry, I'm afraid I'm more cynical than you. I think more politicians are "for sale" than not and it starts early. However, the savvy ones know how to maintain a measure of balance. I suggest these Tea/GOP candidates, some of whom don't seem to understand what the job they ran for even is, lack what Paul Ryan's philosophical idol, atheist passport bride adulteress B-Novelist Ayn Rand calls "rational self-interest." Thus a Scott Walker slashes his own state in two in his slavish zeal to serve his benefactors, why a representative in Florida (R-55) submits a piece of ALEC legislation without even copy/pasting it onto her own letterhead, etc., etc., etc. This is a problem.

I don't know which candidates your union is supporting, Terry, but I am certain that they are funding candidates that are best for the union/you. My father was a lifelong private sector union member and his dues were largely allocated to non-political issues (pension, representation, etc.). His investment is rewarding him now as a retiree.

Steve, you and I disagree in our interpretations of socialism. I've lived in a country with a benign form of socialist government and I can tell you it is different. Some folks here employ the terms "socialism" and "communism" interchangeably, indicating extensive desk-top naptime during civics class.

Think about government as a neighborhood or business association, formed to improve the operating climate. Not the enemy, not a teat, etc.

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Greg

2:14 pm on Wednesday, September 19, 2012

Please list how Governor Walker has served his benefactors, with his slavish zeal. Do you honestly believe that the special interest unions, that supported Falk and Barrett, in the recall elections, were not expecting something in return? Neither of them showed any measure of balance.

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Terry

5:13 am on Thursday, September 20, 2012

I guess it is a question of cynicism Bren. Are the politicians for sale, or is it just that the interests of the financial supporters lie in similar paths. Did the unions buy Baldwins support, or are they supporting here because their interests match? Although I disagree fundamentally with her in almost every issue, I will at least give her the courtesy of assuming that she is a true believer not a pawn. Same with Walker and his supporters. (Thompson I do believe is for sale. Never wanted him to be the nominee)

As far as the response; "I don't know which candidates your union is supporting, Terry, but I am certain that they are funding candidates that are best for the union/you", I believe that it shows a fundamental difference in how we view the world. The only one to decide, in my opinion what candidate is best for me... is me. It is a very socialist approach to assume that the union knows better than I do, and will support who they want, even over my objections. Don't worry young man, pappa union knows what is best for you. If the state was doing this, it would be called fascism. When the union does it, well its just good progressive liberalism.

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Keith E. Hendrickson

12:02 pm on Thursday, September 20, 2012

Funny how the state Supreme Court already said Act 10 was constitutional when they overturned Sumi. We have an activist Judge trying to overturn a already constitutional bill because unions and their sheep like Bren doesn't understand that the taxpayers and supreme court made their case on June 5. You lost, get over it.

His ruling is full of crap it will definitely be overturned because the basis of their argument is child's play. By the way, thank Tom Barrett for making Walker a ROCK STAR!

Steve ®

3:15 pm on Tuesday, September 18, 2012

Thank you liberal Dane county judge for reminding us of the cancer that we need to continue to defeat. You picked a great time to come down with a radical ruling that in the end will not stand. You just pumped up that silent majority once again.

~in Solidarity
June 5th victors

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Bren

3:27 pm on Tuesday, September 18, 2012

Actually, June 5 did yield the benefit of temporarily halting the rubber-stamping supermajority. Not everyone favors one-party control.

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Greg

2:16 pm on Wednesday, September 19, 2012

Unless it is Democrat control.

James R Hoffa

3:46 pm on Tuesday, September 18, 2012

Hoffa has little doubt that a stay will eventually be appropriately granted by the appellate court. Colas' decision is prima facially defective as it is unsupported in law, applies the incorrect standards of review/burden of proof, and contains illogical/bad reasoning.

Anyone want to make a friendly wager?

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James R Hoffa

3:55 pm on Tuesday, September 18, 2012

Let me be clear, this request for a stay will more than likely be denied because it's before the same judge that issued the decision. This motion is stupid and Hoffa doesn't understand why JB is wasting his time and our resources with it. Colas' isn't going to admit that his decision may in fact be faulty. And if he did, there would be no need for an appeal, as the trial court could simply set-aside the old decision and issue a new and conforming one.

Van Hollen needs to get off his duff, file the claim of appeal, and file the motion with the appellate court, where it will actually be successful.

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Greg

4:03 pm on Tuesday, September 18, 2012

Did you ever get the fifty beans from Keith Jackass? (He insists I call him that)

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James R Hoffa

6:17 pm on Tuesday, September 18, 2012

@Greg -

Negative - Schmitzy stiffed me!

I should start hounding him again about that until he pays up, but unfortunately, Hoffa has been busier than usual dealing with an unexpected family emergency.

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Steve ®

6:49 pm on Tuesday, September 18, 2012

Make that socialist weasel pay up, we'll put the pressure on that moocher.

Good luck with the family thing, hope it is on the up and up and not sad like this judge.

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James R Hoffa

10:42 pm on Tuesday, September 18, 2012

@Steve ® -

Thanks, Hoffa appreciates that!

Hoffa's 89 year old grandmother had a debilitating stroke. Her and my 94 year old grandfather lived quite independently before this happened, however, they now require regular daily assistance. As opposed to hiring a stranger or putting them in an assisted living community, the family is stepping up and providing them with the daily support they need, thus giving them some much earned dignity in their final years.

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John Feia

11:51 pm on Tuesday, September 18, 2012

@Hoffa
As much as I disagree with your political views, I sincerely extend my hopes and sympathies to you and your family. This Saturday marks the 3 year anniversary of my Father's passing and I can in some way relate to what you are going through as I am doing the same as you for my Mother's way of life. God's peace...

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Steve ®

12:49 am on Wednesday, September 19, 2012

89 and 94, your genes are patriots!

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Keith Schmitz

7:18 am on Wednesday, September 19, 2012

Guess what self-loathing fascists, I put up the offer to pay Hoffa a long time ago. I'm in the book.

To Hoffa, hiding behind his screen identity is far more important than the $50. It will be a check, written out to whomever, whose identity will be posted.

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Bob McBride

8:32 am on Wednesday, September 19, 2012

So in other words, Keith's so cheap or such a sore loser that he's adding conditions to the wager, after the fact.

I'm pretty sure no such conditions were laid out up front. And I believe Hoffa offered him a way of contacting him so he could provide him with a mailing address for the cash.

You deserve every bit of the crap and poop people dish at you constantly, Keith.

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James R Hoffa

11:33 am on Wednesday, September 19, 2012

The original terms of the bet were that Hoffa was to meet with Schmitzy in persona at a public location of his choosing no later than two (2) weeks after the June 5 election had concluded.

Hoffa asked Schmitzy on numerous occasions to name a location, date, and time. Instead, Schmitzy finally replied with this:

"Keith Schmitz
6:47 am on Thursday, June 7, 2012

What's you address. I'll mail you the check."

And Hoffa responded with this:

"James R Hoffa
4:59 pm on Thursday, June 7, 2012

Schmitzy -

I thought you wanted to meet up in persona? I was looking forward to it. If not, you can send my winnings to:

Subway
c/o: James R Hoffa
1088 Milwaukee Ave
Burlington, WI 53105

Leave the 'pay to' blank, as my real name obviously isn't James R Hoffa :-)

I'll be sure to report back on Patch when I've received your correspondence!

It was fun none-the-less and I'm sorry that things didn't work out as you would have liked to have seen them. No hard feelings."

http://mountpleasant.patch.com/articles/how-did-gov-scott-walker-survive-the-recall

Thus far Hoffa has not received payment from Schmitzy.

Isn't the internet marvelous?!?!

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Scot Bartels

11:37 am on Wednesday, September 19, 2012

I could be wrong but the way I understand it is that they need to FIRST go to the same judge to ask for a stay and then after that they can go to teh appellate court.

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jt

12:36 am on Saturday, September 22, 2012

hoffa, you do realize that to refer to one's self in the third person is the sign of a mental illness don't you? please seek help!

John Feia

5:09 pm on Tuesday, September 18, 2012

""The people of Wisconsin clearly spoke on June 5," Walker wrote. "Now, they are ready to move on. Sadly a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor."

Taking away the lawmaking responsibilities of the legislature and governor? What is he talking about. Apparently our Governor doesn't know how the system is designed. There is a separation of powers with the three branches of government.
The role of the legislative branch as a whole, is charged with passing laws and allocating funds for the running of the government
The role of the Executive branch is to carry out laws made my the legislative branch.
The role of the Judicial branch is to hear cases that challenge legislation or require interpretation of that legislation.
This is a system of checks and balances. The Legislature may pass laws, but the Governor has the power to veto them The Legislature, in turn, may override a veto. The Court can rule on the constitutionality of a law if challenged.

This is how the system works. The court is not taking away the lawmaking responsibilities of the Legislature and Governor. It is doing its job. This includes the appellate process. Instead of labeling a judge a "conservative" or a "liberal" because you don't like the decision (yes it happens on both sides), let the system work as it is designed to do.

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Bren

5:18 pm on Tuesday, September 18, 2012

Scott Walker clearly can't read a contract or craft an effective budget. Does he understand the difference between what is true and what he wishes to be true? One has to wonder.

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David Tatarowicz

6:30 pm on Tuesday, September 18, 2012

@JF You are absolutely correct. Whether the judge's decision is upheld or not, he was doing his job.

I am sure Walker is eager for the issue to get an intellectual non partisan judge like Gableman -- oops I mean Sykes --- no, no -- wait, I'll think of one eventually LOL

Bucky

9:06 pm on Tuesday, September 18, 2012

Wakie just got bitch slapped, the best is yet to come.

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Tony

10:22 pm on Tuesday, September 18, 2012

These goons will never accept the people's will in an election. Greed is their mantra. No respect for taxpayers. Teachers are replaceable, taxpayers are not.

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AWD

10:22 pm on Tuesday, September 18, 2012

Yes, the State is trying to stop collective bargaining for public employees. There should be NO unions in the public sector. Did you know that black people are employed in State jobs more than White's. Yep, its true. Government jobs are 100% affirmative action based and its disgusting to say the least.

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John Feia

11:55 pm on Tuesday, September 18, 2012

Work in a government job (like I did for 15 years) before you spout out your racist crap without knowing the details of what goes on in that employment sector.

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Keith Schmitz

7:15 am on Wednesday, September 19, 2012

Bingo! Now we know why you are against public employee unions. Thanks for confirming my suspicions.

AWD

12:32 am on Wednesday, September 19, 2012

Some people get disturbed with me for writing about race preferences all the time, but the quest for equal opportunity has gone absurdly wrong in Wisconsin and the Nation. Skin color quotas disguised as affirmative action are unacceptable, unfair and un-American. In my own insignificant way, I’ll continue to call it out.

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John Feia

12:50 am on Wednesday, September 19, 2012

That is really unfortunate. It is a very derisive position to pursue and benefits no one in a democratic society. You have every right to say how feel, but like I said, in my opinion it is really unfortunate.

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Terry

4:48 am on Wednesday, September 19, 2012

There is an old quote that if you give 1000 monkeys a typewriter and let them type for 1000 hours, one of them will produce a play by Shakespeare. AWD finally said something I agree with.

Affirmative action is unacceptable. Period. And I agree that public unions usually work contrary to the concept of public service, and thus should be limited. But like most things he posts, his use of it is twisted and unhealthy.

To begin with, hes wrong. Almost all government agencies are forbidden by policy, and in some cases statute, to consider racial makeup as part of their hiring decision. There are some pseudo governmental agencies that still can use affirmative action, such as universities, but in federal, state, and local government hiring it is forbidden. If you travel the state, you will find, that with some exceptions, the racial make up of the public employees matches the racial make up of the community they draw from.

Second, not for a moment do I believe his comments about it come from a noble disagreement with the concept of affirmative action. I've seen enough of his postings to know that it is just old fashioned racial hatred.

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Michael McClusky

9:25 am on Wednesday, September 19, 2012

@AWD Are you aware that the US Supreme Court has recently agreed to hear the Bakke case again? It, of course, was a landmark decision concerning college admissions based on race. One of the justices has recused herself from the case, which would leave a 5 to 3 conservative majority to hear the arguments.

Keith Schmitz

7:16 am on Wednesday, September 19, 2012

Workers need to be organized because business is organized -- Teddy Roosevelt

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H.E. Pennypacker

8:27 am on Wednesday, September 19, 2012

Failed wannabe business man Keith Schmitz needs to repay his loan from the Village of Shorewood, or forever be known as a deadbeat no talent ass clown-H. E. Pennypacker

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Greg

11:22 am on Wednesday, September 19, 2012

I don't think the discussion is about business/employee relations. Our government could never be described as organized.

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John Feia

12:51 pm on Wednesday, September 19, 2012

@ H.E.
What does character assassination have to do with the topic? Comments like yours make you look like the "ass clown"

robert heule

7:31 am on Wednesday, September 19, 2012

June 5th was not a mandate for sticking it to public employee unions. I was the way the recall movement conducted itself, and most of us know so. Furthermore,people do not like recalls at that level. As much as I like Tom Barrett he was not the candidate that could have won the recall. Neither was Falk. Walker will not be re-elected in '14. people do not like him, but again they do not like the process.

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Bob McBride

8:13 am on Wednesday, September 19, 2012

At a cost of $7.2MM to taxpayers for the Walker recall alone, that's a pretty expensive lesson to learn for those, like yourself, who weren't able to see that while you were busying yourself with the recall process. Particularly since polls leading up to the actual recall pretty much mirrored the results from start.

You're right. People don't like recalls. Most people understand that elections are not lifetime appointments and that if the person elected doesn't do a satisfactory job, they can be replaced at the next regularly scheduled election.

Another thing people don't like and that your side is apparently blind to as well at this point, is having their local budgets hanging out in limbo while you guys waste time and more taxpayer money challenging legislation in court and getting sympathetic judges to rule in your favor, knowing full well it's going to be overturned at the State Supreme Court level.

But what the hell. It's taxpayer money and if it mucks up the works, who cares, right? It's more important that you use all means at your disposal to continue to attempt to overturn the results of the last election in any way you can.

You've learned nothing.

Tansandy

7:57 am on Wednesday, September 19, 2012

Once again the unions and the Democrats can not win at the ballot box, so they will keep trying to legislate from the bench!!! How many more elections, recalls, and partisan judges will we have to go through? I'm tired of my vote being always in jeopardy! Talk about being disenfranchised.

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robert heule

9:40 am on Wednesday, September 19, 2012

No institution in this more blatantly partisan(which is not what the constitution intended) than the Wisconsin Supreme Court. Next spring the citizens will have an opportunity to fix that by defeating Justice Patience Roggensack.

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Bob McBride

9:45 am on Wednesday, September 19, 2012

It's only partisan if it tends to rule in a direction other than the one you'd prefer. If it was stocked with lefties who always ruled for the Democrats when issues such as this one hit its docket, you'd call it impartial, fair and balanced.

Cut the crap.

robert heule

9:44 am on Wednesday, September 19, 2012

Excuse me, I forgot to use the word "state" after "this" in the first line of my comment.

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robert heule

10:01 am on Wednesday, September 19, 2012

J.B. Van Hollen should concentrate more on insisting on stricter drunk driving laws. He lobbies the legislature not to go too far in its attempts to get tougher. In 2006, a popular southwest side Milwaukee bar was handing out coasters with the Tavern League of Wisconsin printed on one side and elect J. B Van Hollen the other. You can see where his priorities are.

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robert heule

1:01 pm on Wednesday, September 19, 2012

NObama, At least I was in a condition to read and understand what was on the coasters. If you think my post is a lie, I wonder if you were there to give your version of what they stated.

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jt

12:40 am on Saturday, September 22, 2012

news flash for all you good folks. obama leads romney by 14 points in wisconsin right now. and walker was called to testify in front of the court in the case of one of his former aids. your cookie is starting to crumble. mostly because of the true colors of the radical tea party!

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