Judge Sue-Me tries another do-over
Crimeny. Judge Maryann Sumi blocked the WI budget law Tuesday not on reality but upon the false perception that it passed too fast (after a walkout by Democrats that lasted several weeks, and was done expressly to block a vote on the law). On Tuesday, she re-blocked it. And today, she’s re-re-blocking it. Third time’s the charm!
Sumi re-issued her order on Tuesday — and this time she has warned that anyone who violates it will face sanctions. She amended the ruling on Thursday to read, “Further, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29 evidentiary hearing, it is hereby declared that 2011 Wisconsin Act 10 has not been published …”
The reason that the state went ahead with publishing the law was that the judge ruled essentially against how the state Senate conducted the vote, not on the merits of the law itself. Legislative bodies have the power to set and enforce their own rules, a power that the other branches of government generally stay away from meddling in. That is, until we have a Democrat judge carrying water for the state’s riled up Democrat machinery. Then the separation of powers get tossed out where the union protesters piled up their trash.
Mr. Preston:
“Sumi re-issued her order on Tuesday — and this time she has warned that anyone who violates it will face sanctions. She amended the ruling on Thursday to read, “Further, based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29 evidentiary hearing, it is hereby declared that 2011 Wisconsin Act 10 has not been published …””
Correct me if I’m wrong, but Judge Sumi is a circuit court judge of Dane County and Dane County ONLY. Therefore, if she wishes to legislate from the bench, then I would reckon that only the residents of Dane County are in thrall to her notions.
IOW, she hasn’t got, and never did have, the “juice” to nullify any state-wide law.
And it then beggars the question if the GOP could not find some other circuit judge from some other county to put his or her own kibosh on Judge Sumi’s kibosh.
it is hereby declared that 2011 Wisconsin Act 10 has not been published …”
That is indeed the most extreme statement of judicial wishful thinking we’ve seen yet. Judge Sumi trumps the entire State legislature and its lawful procedures to boot, and substitutes her wishful decree for its considered act? Does her Circuit Court have such powers, and when does the State Supreme Court weigh in?
“Has not been published”? Seriously? Even though it was, in fact, actually published by the Legislative Reference Bureau?
Look, sweetie, you either need to invalidate the law in its entirety, or STFU. You botched your first injunction, so the law got published and went into effect. The only way to kill it judicially now is to man up and invalidate it. Overturn it. Strike it from the books. Your attempt to aid and abet the unions in ginning up another political crisis by forcing a revote failed.
If this woman cannot write a coherent opinion without three tries, there is a large problem here. Between wishful thinking and blind bias, this judge is unqualified to be on any bench.