Tag Archives: Lawsuit

Wisconsin Supreme Court strongly upholds Walker’s union restrictions

Remember when that awesome Republican governor Scott Walker limited the unions from extorting massive amounts of money from the state using their collective bargaining powers? Well, some judge halted the legislation. That judge has now been overruled by the Wisconsin Supreme Court.

Here’s the story from the Milwaukee Journal-Sentinel. (H/T PJ Tatler)

Excerpt:

Acting with unusual speed, the state Supreme Court on Tuesday ordered the reinstatement of Gov. Scott Walker’s controversial plan to end most collective bargaining for tens of thousands of public workers.

The court found that a committee of lawmakers was not subject to the state’s open meetings law, and so did not violate that law when it hastily approved the collective bargaining measure in March and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had halted the legislation, ending one challenge to the law even as new challenges are likely to emerge.

The changes on collective bargaining will take effect once Secretary of State Doug La Follette arranges for official publication of the stalled bill, and the high court said there was now nothing to preclude him from doing that. La Follette did not return a call Tuesday to say when the law would be published.

[…]The court ruled that Dane County Circuit Judge Maryann Sumi’s ruling, which had held up implementation of the collective bargaining law, was in the void ab initio, Latin for invalid from the outset.”The court’s decision …is not affected by the wisdom or lack thereof evidenced in the act,” the majority wrote. “Choices about what laws represent wise public policy for the state of Wisconsin are not within the constitutional purview of the courts. The court’s task in the action for original jurisdiction that we have granted is limited to determining whether the Legislature employed a constitutionally violative process in the enactment of the act. We conclude that the Legislature did not violate the Wisconsin Constitution by the process it used.”

The court concluded that Sumi exceeded her jurisdiction, “invaded” the Legislature’s constitutional powers and erred in halting the publication and implementation of the collective bargaining law.

Ace of Spades explains what the phrase “ab initio” means.

Excerpt:

Generally, when a higher court calls bulls**t on a lower one, it’s called a remand, a declaration that the lower court got it wrong, and to try again.

Commenters are telling me the court ruled here ab initio, which (context clues, it’s been forever since I did anything law-oriented) means it’s expunged from memory altogether as being improperly entertained from the start, which means there is no remand to the lower court to try again. The higher court has said “Not only did you get this wrong, you got it so wrong we don’t trust you with another bite at the apple, so we’re directing your decision from here. It’s over. Done. Finished. Kaput.”

And more. This judge, Sumi, attempted not to rule a law unconstitutional but a bill — a not-quite-yet-a-law — unconstitutional, as she ordered the law to be unpublished, that is, to remain a bill without going to the final step to make it a law.

Ace actually brought out the flaming skull and the bear for this story… so it must be big.

Here’s some other good news from Wisconsin – they just passed a bill to legalize concealed carry. That’s good for law-abiding citizens and bad for criminals, who will now have a tougher time committing crimes.

51-year old woman wins up to £30k after failing riot police physical

This story from the UK Daily Mail shows how the political correctness of the left can go. (H/T Blazing Cat Fur)

Excerpt:

For 30 years it has been used to test the fitness of officers who police riots and other outbreaks of serious public disorder.

The so-called ‘shield run’ involves officers covering a distance of 500 metres in less than two minutes, 45 seconds while wearing full riot gear and carrying a shield.

But when Inspector Diane Bamber, 51, failed to meet the time limit, she claimed she had been left humiliated.

She brought a sex and age discrimination case against her force, Greater Manchester Police, and now stands to win up to £30,000 after an employment tribunal ruled in her favour.

The landmark case has opened the door for thousands of other women officers to claim payouts and has triggered a review of specialist police training across the country.

Insp Bamber, a serving officer for more than 30 years who still works for Greater Manchester Police, attended an Initial Public Order Commanders’ Course in Lancashire in November 2008.

She complained to the tribunal that prior to the course starting she had been led to believe that she would not have to take part in the shield run. But on the day of the test, Insp Bamber was informed that all officers who wanted to be considered for events where trouble was a possibility would have to pass it.

She agreed to run but she did not finish in the allotted time. Her failure meant she could not complete the rest of the training course.

[…]In her ruling, Judge Hilary Slater said Insp Bamber’s claims of indirect sex and age discrimination were ‘well-founded’.

Noting that the officer had ‘suffered humiliation at being sent away from the course’, Judge Slater added: ‘The tribunal concludes that the claimant was put at the disadvantage suffered by women and persons of her age group in that she failed the test and was not able to complete the training.’

The shield run was first introduced in the Eighties when Scotland Yard used it to test the fitness of officers policing the Notting Hill Carnival. Greater Manchester Police also conducted the runs for 30 years but has now dropped them.

The Mail on Sunday understands that the Association of Chief Police Officers is now reviewing the lawfulness of the physical training formats for 13 specialist operational roles, including those for firearms officers, which could discriminate against women and older officers.

Last night [Conservative] MP Robert Halfon  said: ‘At a time when forces face enormous challenges and need to do all they can  to protect frontline service, it is bizarre they are being forced to use taxpayers’ money to pay compensation in cases such as these.’

Now ask yourself a question. If the police force was completely private, and had to compete for security contracts with other firms, how long do you think someone who could not pass the physical fitness exams would last? That’s right. But there is no choice and competition for government services. You just pay your taxes and the left-wing bureaucrats decide how much service you’ll get. Their agenda is not driven by concerns about serving you – the customer. Their agenda is about winning the votes of special interest groups by appearing nice. If you call for the police, and your life depends on it, then you can have a nice die, because no one is coming to save you.

Republicans hire top lawyer to defend traditional marriage against Democrats

This is from liberal CNN. (H/T Reuben)

Excerpt:

House Republicans have hired a prominent conservative attorney to defend the federal Defense of Marriage Act in a pending lawsuit, legal sources say, and will make an effort to divert money from the Justice Department to fund its high-profile fight.

House Speaker John Boehner disclosed the legal and political strategy in a letter Monday to House Minority Leader Nancy Pelosi. The Obama administration, which normally would defend federal laws in judicial disputes, announced last month it believed the Defense of Marriage Act, often referred to as DOMA, to be unconstitutional. The law defines marriage for federal purposes as unions only between a man and woman.

Boehner said that with the Justice Department not participating, he had “no choice” but to act unilaterally.

“The burden of defending DOMA, and the resulting costs associated with any litigation that would have otherwise been born (sic) by DOJ (The Department of Justice), has fallen to the House,” Boehner said. “Obviously, DOJ’s decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA. It is my intent that those funds be diverted to the House for reimbursement of any costs incurred by and associated with the House, and not DOJ, defending DOMA.”

Such a move would require Senate approval, an unlikely prospect since Democrats control that chamber.

Boehner will probably end up finding money for the legal fight from other discretionary and non-discretionary spending sources, according to legal experts. There was no indication just how much the legal fight could eventually cost.

[…]Legal sources say the House Republican leadership hired [Paul D.] Clement, a Washington appellate attorney, to defend the law. He filed a brief Monday in a pending case from New York, where a lesbian received an estate tax bill of more than $360,000 after her longtime partner and legal wife had died.Clement is a former solicitor general under President George W. Bush, serving from 2005 to 2008. It was his job to defend federal laws and executive actions in court, similar to what he will be doing now as a private lawyer on retainer. He was mentioned at one time as a possible Supreme Court nominee.

Separately, he also is representing more than two dozens states in their lawsuit against the administration over the sweeping health care reform law passed by Congress last year. That case is pending in a federal appeals court in Atlanta.

Once again we see the importance of conservative parents raising influential children. Everybody talks about traditional marriage, but only Paul D. Clement is going to be in a position to really do something about it. And why? Because he has effectively pursued skills and jobs that put him in a position to have an influence.