Thursday, March 31, 2011

Shark and Shepherd: A Primer on Publication of the Collective Bargaining Law

Here's a good post explaining what's happening in Wisconsin regarding the "publication" of the collective bargaining law.  It sounds like the judge has overstepped her bounds, and misunderstood the process of publication to boot.

I have made clear my view that the attempt to enjoin publication of the collective bargaining law and Judge Sumi's TRO enjoining publication was wholly without merit. Challenge the law if you wish but it seems clear that you must wait until after it's published. The Supreme Court's decision in Goodland v. Zimmerman, 243 Wis. 459, 10 N.W.2d 180 (1943) makes this clear.

In an odd twist, the law was nevertheless published today and will become effective tomorrow. This isn't defiance of the judge's order by the Republicans or Scott Walker. They didn't do it. It's not defiance of the law at all. It seems to have been mandated by the law.

Posted via email from The Blue Pelican

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