Judge Blocks Wisconsin Lame-Duck Laws
Source: US News and World Report
MADISON, Wis. (AP) -- A Madison judge has issued a temporary injunction block Wisconsin Republicans' contentious lame-duck laws limiting Gov. Tony Evers and Attorney General Josh Kaul's powers.
Dane County Circuit Judge Richard Niess issued the injunction Thursday morning. He refused the Legislature's request to stay the effect of the order.
Republicans passed the lame-duck laws during an all-night extraordinary session in December just weeks before Evers and Kaul took office. An extraordinary session is a previously unscheduled floor period initiated by majority party leaders.
A coalition of liberal-leaning groups filed a lawsuit in January arguing such sessions are illegal. They contend the Wisconsin Constitution allows legislators to convene only at such times as set out in a law passed at the beginning of each two-year session or at the governor's call.
Read more: https://www.usnews.com/news/best-states/wisconsin/articles/2019-03-21/judge-blocks-wisconsins-republican-written-lame-duck-laws
Fuckin'a
/snip/
"There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 'Extraordinary Session' that is consistent with the rule of law," Niess wrote.
While the ruling was a victory for Democrats, it may not have lasting consequences, and it was initially unclear whether Evers would try to use it immediately to exercise powers that were held by his predecessor, former Republican Gov. Scott Walker.
/snip/
Niess' ruling also struck down 82 appointments Walker made during the waning days of his administration, all of which were confirmed by Republican state Senators in the lame-duck session. Those appointments included Public Service Commissioner Ellen Nowak and University of Wisconsin Regent Scott Beightol, both of whom were confirmed in December to terms that end in 2023.
"The appointments are ordered temporarily vacated as a necessary consequence of this temporary injunction," Niess wrote.
What remains to be seen is whether Evers will act on any of these powers before the case is appealed, and whether a higher court will block him from taking action. The final say in this case would fall to the Wisconsin Supreme Court, where conservatives hold a 4-3 majority.
https://www.wpr.org/judge-blocks-gop-laws-passed-lame-duck-session
turbinetree
(24,735 posts)shanny
(6,709 posts)kick
a kennedy
(29,728 posts)onit2day
(1,201 posts)BumRushDaShow
(129,737 posts)Molly Beck, Milwaukee Journal Sentinel Published 11:19 a.m. CT March 21, 2019 | Updated 11:39 a.m. CT March 21, 2019
MADISON A Dane County judge is blocking laws passed by Republicans in December limiting the power of Democratic Gov. Tony Evers and Attorney General Josh Kaul. Circuit Judge Richard Niess on Thursday issued a temporary injunction to block the laws, saying the Republican-controlled Legislature did not lawfully meet to pass them. Minutes after the judge's ruling, Republican legislative leaders who wrote the laws promised to appeal it.
"Todays ruling only creates chaos and will surely raise questions about items passed during previous extraordinary sessions, including stronger laws against child sexual predators and drunk drivers," Senate Majority Leader Scott Fitzgerald and Assembly Speaker Robin Vos said in a statement.
<...>
The League of Women Voters, Disability Rights Wisconsin, Black Leaders Organizing for Communities and three Wisconsin voters in January filed a lawsuit in Dane County court alleging the new laws should be voided because lawmakers illegally convened a legislative session to take up the Republican-authored bills. Niess in his ruling sided with those groups and barred anyone from enforcing the laws that were passed during a 24-hour floor period in December by Republican lawmakers over the objection of Democratic lawmakers, Evers and Kaul. "The bottom line in this case is that the Legislature did not lawfully meet during its December 2018 'Extraordinary Session,'" therefore violating the Constitution, Niess wrote.
<...>
"This is a win for Wisconsin voters," Senate Minority Leader Jennifer Shilling, D-La Crosse, said in a statement. "The lame duck session was a bait and switch to rush through more partisan bills, rig elections and consolidate more power in the hands of Republican politicians." The lawsuit challenges the constitutionality of what are known as extraordinary legislative sessions floor periods the Legislature has convened for more than three decades and what lawmakers used to pass the new laws.
https://www.jsonline.com/story/news/politics/2019/03/21/lame-duck-session-judge-blocks-gop-laws-limit-power-evers-kaul/3233595002/
A copy of the ruling is at the bottom of the above article.
Ellipsis
(9,124 posts)I don't think it was up when I posted in my excitement.
BumRushDaShow
(129,737 posts)Every place else had the same AP report that you did!
MyOwnPeace
(16,946 posts)freedom, fairness, and justice is another victory for open government of the people, by the people, and for the people.
Republicans can stick their autocratic rules into places where the sun don't shine!
PS: This is another example of why we cannot lose control of selecting judges for life-term assignments!
fleur-de-lisa
(14,628 posts)bluestarone
(17,091 posts)KICK
mysteryowl
(7,405 posts)Justice for Wisconsin!
Wisconsin used to be a blue state until the repubs gerrymandered the state to only elect themselves in. They stole the state legislative body. I don't live in Wisconsin, but I have been following. I am very pleased to hear this news!
Maxheader
(4,374 posts)Notice how the conservatives are starting to sound more and more like alex jones?
Loud...psycho, conspiracy freaks...
Karadeniz
(22,599 posts)the rule of law. ❤
Greybnk48
(10,178 posts)What they did HAS to be illegal or elections would be a joke. So, so happy!
zentrum
(9,865 posts).....refused to hold a vote on Merrick Garland because they said Obama, who still had a full year in office, was a "lame duck"?
lkinwi
(1,477 posts)Ellipsis
(9,124 posts)Ya'll be officially unappointed.
Renee E. Anderson, of Milwaukee, as a Public Member on the Wisconsin Health and Educational Facilities Authority
Shirley A. Armstrong, of Stone Lake, as a Domestic Abuse Knowledge Representative on the Council on Domestic Abuse
Lisa Bahr, of Oconomowoc, as a Dental Hygienist Representative on the Dentistry Examining Board
Scott C. Beightol, of Wales, as a Congressional District 1 Representative on the Board of Regents of the University of Wisconsin System
Dr. Shari Berry, of Tomah, as a Physical Therapist on the Physical Therapy Examining Board
Dr. Matthew R. Bistan, of Sheboygan, as a Dentist on the Dentistry Examining Board
Donald Borst, of Little Suamico, as a Licensed Radiographer on the Radiography Examining Board
Robert R. Broeckert, of Appleton, as an Audiologist on the Hearing and Speech Examining Board
Dr. David Anthony Bryce, of Middleton, as a Doctor-Medicine on the Medical Examining Board
Thomas Chwala, of Lake Mills, as a Southern Area Representative on the Snowmobile Recreational Council
Susan M. Crane, of Burlington, as a General Business Representative on the State Fair Park Board
Dr. Marcus P. Desmonde, of Colfax, as a Psychologist on the Psychology Examining Board
Rosemary P. Dolatowski, of Burlington, as a Registered Nurse on the Board of Nursing
Marc A Eernisse, of Port Washington, as a Funeral Director/Embalmer on the Funeral Directors Examining Board
H. Bruce Enke, of Green Bay, as a Brown County Representative on the Fox River Navigational System Authority
Jeffery Feldt, of Kaukauna, as an Outagamie County Representative on the Fox River Navigational System Authority,
Jeffery Giesking, of Menomonie, as a Professional Member on the Podiatrists Affiliated Credentialing Board
Robert C. Gorsuch, of Fitchburg, as a Professional Member on the Banking Review Board
Patricia Grathen, of La Crosse, as a Professional Member on the Cemetery Board
Kelly H. Grebe, of Mequon, as General Business Representative of the State Fair Park Board
Lisa M Greco, of Brookfield, as a Credit Union Experience on the Credit Union Review Board
Dr. Kevin L. Hamberger, of Franklin, as a Domestic Abuse Knowledge on the Council on Domestic Abuse
Bryce L. Hansen, of Prairie Farm, as a Professional Member on the Auctioneer Board
Charles Hawkins, of Marinette, as a Nursing Home Administrator on the Nursing Home Administrator Examining Board
David Hutchison, of Luxemburg, as a Public Representative on the Educational Communications Board
Jack J. Johnsen, of Oshkosh, as an Athletic Trainer on the Athletic Trainers Affiliated Credentialing Board
Barbara Johnson, of De Pere, as an Audiologist on the Hearing and Speech Examining Board
Stanley D. Jones, of Clyman, as a Professional Member on the Auctioneer Board,
Nela Kalpic, of Madison, as a Domestic Abuse Knowledge on the Council on Domestic Abuse
Dr. Herbert Michael Kaske, of Twin Lakes, as a Dentist Representative on the Dentistry Examining Board
Steven Klapperich, of St. Cloud, as a Hearing Instrument Specialist on the Hearing and Speech Examining Board
Thomas Kneesel, of Pleasant Prairie, as a Certified Appraiser on the Real Estate Appraisers Board
Kristin Koger, of Rice Lake, as a Professional Independent Social Worker on the Marriage and Family Therapy
Professional Counseling and Social Work Examining Board
Thomas J. Krier, of Allentown, as a Hearing Instrument Specialist on the Hearing and Speech Examining Board
Elizabeth A. Krueger, of Waukesha, as a Government Representative on the Marriage and Family Therapy Professional Counseling and Social Work Examining Board
Franklin J. LaDien, of Menomonee Falls, as a Pharmacist on the Pharmacy Examining Board
Dr. Tara LaRowe, of Madison, as a Dietitian on the Dietitians Affiliated Credentialing Board
Dr. Lee Ann R. Lau, of West Bend, as a Doctor-Medicine on the Medical Examining Board
Joel Mankowski, of Greenfield, as a member of the Sign Language Interpreters Council
Richard J. Marino, of Plain, as a Real Estate Sales/Broker on the Real Estate Examining Board
Tracy Marshall, of Muskego, as a Radiological Physicist on the Radiography Examining Board
Georgia E. Maxwell, of Madison, as Commissioner of the Labor and Industry Review Commission
Dale Mayo, of Conover, as a Northern Area Representative on the Snowmobile Recreational Council
Vicky McNally, of Edgerton, as a Cosmetologist on the Cosmetology Examining Board
Marla Michaelis, of Jefferson, as a Funeral Director/Embalmer on the Funeral Directors Examining Board
Kathleen M. Miller, of Janesville, as a Professional Counselor on the Marriage and Family Therapy Professional Counseling and Social Work Examining Board
Dennis Myers, of Germantown, as a Public Member-Surveyor Section on the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Ellen Nowak, of Fitchburg, as Commissioner of the Public Service Commission
Laura O'Brien, of Oregon, as an Occupational Therapist on the Occupational Therapists Affiliated Credentialing Board
Sarah Olson, of Readstown, as a Physical Therapist Assistant on the Physical Therapy Examining Board
Susan M. Perry, of Woodruff, as a Domestic Abuse Knowledge Representative on the Council on Domestic Abuse
Dr. Wendy M. Pietz, of Milwaukee, as a Dentist on the Dentistry Examining Board
Kim S. Rank, of Shiocton, as a Cosmetologist and Aesthetician on the Cosmetology Examining Board
John Reinemann, of Madison, as a Public Member on the Cemetery Board
John Reinemann, of Madison, as a Public Member on the Accounting Examining Board
Thomas J. Richie, of Rice Lake, as a Real Estate Sales/Broker on the Real Estate Examining Board
Tammy H. Scheidegger, of Oconomowoc, as a Professional Counselor on the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Dr. David K. Schlichting, of Greenfield, as an Accountant on the Accounting Examining Board
Bernard Schroedl, of Greendale, as a Professional Member on the Cemetery Board
Dr. Robert C. Schulz, of Appleton, as an Optometrist on the Optometry Examining Board
Renee J. Schulz, of Marshfield, as a Domestic Abuse Knowledge on the Council on Domestic Abuse
Paul Seidenstricker, of Wauwatosa, as a Public Member on the UW Hospitals and Clinics Authority and Board
Dr. Peter Sheild, of Oconomowoc, as a Dentist Representative on the Dentistry Examining Board
Tim Short, of Neenah, as a Winnebago County Representative on the Fox River Navigational System Authority
Susan Sippel, of Plover, as a Domestic Abuse Knowledge on the Council on Domestic Abuse
Pamela Stanick, of Brookfield, as a Public Member on the Wisconsin Health and Educational Facilities Authority
Dr. John L. Sterling, of Coon Valley, as an Optometrist on the Optometry Examining Board
James Surprise, of Wautoma, as a Public Member on the Board on Aging and Long Term Care
Dr. Dale B. Taylor Ph.D., of Eau Claire, as a Public Member on the Board on Aging and Long Term Care
Alena A. Taylor, of New Richmond, as a Domestic Abuse Knowledge on the Council on Domestic Abuse
Mark M. Thomas, of Mequon, as a Domestic Abuse Knowledge Representative on the Council on Domestic Abuse
Dr. David Thompson, of Burlington, as a Psychologist on the Psychology Examining Board
Torrey G. Tiedeman, of Madison, as a Non-Traditional Student Representative on the Board of Regents of the University of Wisconsin System
Philip J. Trapskin, of Fitchburg, as a Pharmacist on the Pharmacy Examining Board
Gregory Vergamini, of Superior, as an Athletic Trainer on the Athletic Trainers Affiliated Credentialing Board
Roger E. Walsh, of Milwaukee, as an Inland Lakes Representative on the Wisconsin Waterways Commission
John Weitekamp, of West Allis, as a Pharmacist on the Pharmacy Examining Board
Cathy Winters, of Wausau, as a Pharmacist on the Pharmacy Examining Board
Keene Winters, of Wausau, as a Public Member on the Wisconsin Historical Society Board of Curators
Dr. Kathryn R. Zalewski, of Wauwatosa, as a Physical Therapist on the Physical Therapy Examining Board
Cate Zeuske, of Green Bay, as a Public Member on the Wisconsin Historical Society Board of Curators
Scott T. Zipperer, of Manitowoc, as a WTCS Student Representative on the Wisconsin Technical College System Board
....The tribe has spoken.
Talitha
(6,631 posts)It feels SO GOOD to be rid of Snot Walker, but we've still got a LOT of his garbage to clean up.
BlueFlorida
(1,532 posts)those laws were an abominable travesty of democracy and justice.
I hope Wisconsin repukes eat dirt after this while getting tarred and feathered.