Wisconsin Protests

WI Court of Appeals asks WI Supreme Court to Review Decision Halting Union-Busting Bill

A Wisconsin appellate court is asking the state Supreme Court to consider Attorney General JB Van Hollen's appeal of last Friday's order halting implementation of Governor Walker's union-busting bill. Because the appeal raises significant issues the Wisconsin Supreme Court would review on appeal, the court believes judicial efficiency warrants fast-tracking the case. This places Justice David Prosser in an awkward position.

Will “Bitches” and “Turds” Decide the Fate of Wisconsin?

The reign of lawlessness continues in Wisconsin.

Last week, a local court issued a stay temporarily blocking the implementation of Governor Scott Walker's radical proposal to do away with most collective bargaining rights for public workers and cripple labor's ability to collect union dues. The court put a halt to the publication of the bill (an act performed by the Secretary of State), so there could be a hearing on whether or not the Wisconsin Senate violated the state's strong open meetings law in its rush to ram the bill through.

Walker's Costly Perpetuation of Prejudicial Corrections Policies

As CMD has previously reported, Governor Walker's budget bill will have a negative impact on Wisconsin's populations of color, especially in regards to perpetuating Wisconsin's atrocious record of racial disparities in the criminal justice system. Walker's effort to prolong prison sentences will also result in increased costs not reflected in the budget, at the expense of spending on education and health.

WI Attorney General Seeks Appeal of Decision Halting Union-Busting Bill

Attorney General JB Van Hollen is seeking to appeal last Friday's order halting implementation of Governor Walker's union-busting bill. While the trial court found that the bill's rushed passage likely violated state Open Meetings laws, the Court of Appeals is being asked to consider whether that decision conflicted with separation of powers principles.

As CMD has reported, on March 18 Dane County Judge Maryann Sumi found that legislators had likely violated Open Meetings laws by providing inadequate notice for the March 9 Joint Conference Committee meeting and subsequent Senate vote that amended and passed Gov. Walker's controversial bill. In making her decision, Judge Sumi noted that the law states "any actions taken at a meeting of a governmental body held in violation [of Open Meetings law] are voidable," provided that the District Attorney brings the suit and the public interest in voiding the bill outweighs any public interest in upholding it. Sumi emphasized the Constitutionally-recognized public interest in ensuring open government, stating "we are entitled by law to free and open access to governmental meetings, and especially governmental meetings that lead to the resolution of very highly conflicted and controversial matters."

Debate Over Swing Vote on High Court in Labor Battle Sparks Discussion of Judicial Agenda and Demeanor

Amidst the ongoing labor struggle in Wisconsin and national efforts to cut programs while giving breaks to business, the race for a swing vote seat on the Wisconsin Supreme Court has heated up.

Justice David Prosser, who is up for reelection, has been the subject of TV ads attempting to tie his views and judicial decisions to controversial Wisconsin Governor Scott Walker. Prosser has rejected these claims and stated that a statement earlier this year by his campaign staff that he should be re-elected to "complement" Walker's efforts was not approved by him in advance.

At the March 21 debate at Marquette Law School between the two candidates -- Prosser and JoAnne Kloppenburg -- in the non-partisan race for the highest court in the state, Prosser faced questions about his temperament and the lack of judicial collegiality on the Court. The Milwaukee Journal Sentinel (MJS) endorsed Prosser during the primary while noting that in "an interview with the Editorial Board [in February], he was surprisingly blunt in his criticisms of the chief [Justice Shirley Abrahamson], blaming her for the backbiting and divisiveness of the court."

Corporate Interests Try to Split American Workers

On March 18, 2011, the Cleveland Leader reported that Charles and David Koch -- billionaire owners of Koch Industries, an energy conglomerate that also makes a list of familiar household products like Brawny paper towels, Dixie cups, Lycra and StainMaster carpet -- are funneling $5.6 million to the corporate astroturf group FreedomWorks to run a television ad campaign in Ohio that scapegoats public workers. The ad depicts public workers and their unions as enemies and blames them for budget deficits in Wisconsin and Ohio. It features a discredited and deceptive Fox News video clip of protesters taken in a different state to try and depict Ohio's public-sector union workers as being mean and aggressive.

Similarly, the Koch-funded group Americans for Prosperity has been airing ads on TV and radio in Wisconsin smearing the union workers who were rallying to protect their unions from destruction.

Walker's Attack on People of Color

While Wisconsin protest coverage has focused on GOP efforts to limit public sector collective bargaining, less attention has been given to the Republican attack on the poor and people of color. On Saturday, activists gathered at the Exposing Colorlines event at the capitol to focus on the under-reported aspects of Walker's budget and proposed GOP legislation.

Kochs Fund $5.6 Million Ad Campaign in Ohio

Billionaires Charles and David Koch of Koch Industries are funneling $5.6 million through the astroturf group FreedomWorks for an Ohio TV ad campaign starting March 18, 2011 that continues the attack on labor unions that Wisconsin Governor Scott Walker started in February. FreedomWorks, a non-profit group heavily involved with organizing the Tea Party, does not disclose its corporate donors. The 30-second TV ad focuses on Ohio, but features discredited Fox News footage taken of an out-of-state protest, inserted in the ad order to depict Wisconsin union protesters as being aggressive. The ad blames unions for what it claims is a debt "crisis" in Ohio. It says, "We won in Wisconsin, but the fight must go on," and urges viewers to call a phone number to "Thank Governor Kasich for leading the fight against Union corruption in Ohio."The ad doesn't mention that a Wisconsin judge temporarily blocked implementation of Governor Walker's anti-union bill over a potential violation of open meetings laws incurred in the way the highly-contentious bill was pushed through Wisconsin's legislature.

Wisconsin Protests, Monday, March 21 - Sunday, March 27, 2011

WISCONSIN SUPREME COURT DEBATE BETWEEN INCUMBENT DAVID PROSSER AND CHALLENGER JOANNE KLOPPENBURG

10:00 p.m. - Brendan Fischer reports:

With recently-released emails suggesting Prosser has contributed to discord on the state's highest court, Prosser recommended that greater civility could be achieved with "outside studies," and Kloppenburg questioned whether animosity between justices could cloud the decisionmaking process. She asked, "are judges making decisions based on law, or based on personal animosity?" Throughout the debate, Prosser circled back to ads being run against him by the group Greater Milwaukee Committee pointing out he did not prosecute a pedophiliac priest when Prosser was a District Attorney. "This is the worst ad ever run in a judicial campaign," he said. Both sides brought up ads run against former Supreme Court Justice Louis Butler by current Justice Michael Gableman that made the ludicrous suggestion Butler found a "loophole" to free a rapist so he could rape again (Butler was appointed the case as a public defender, got a new trial but lost at the Supreme Court, and the man served his entire sentence). While Prosser joined the half of the court that refused to censure Gableman for the ad, Prosser subtly compared it to the "pedophiliac priest" ad to turn the tables. Kloppenburg pointed out that the ads against Prosser were run by a third-party group, whereas the Gableman ads were produced by his own campaign. Nonetheless, Kloppenburg declined to ask the Greater Milwaukee Committee to take down their ads when challenged to do so by Prosser. The debate flowed into a discussion of campaign disclosure rules, an issue especially relevant in light of challenges to the state elections board expanding disclosure regulations. A case on this matter is currently pending before the Wisconsin Supreme Court and the Center for Media and Democracy has submitted an amicus brief in favor of increased disclosure. Even though the U.S. Supreme Court favored disclosure in its Citizens United decision, right-leaning groups making expenditures in the 2010 midterm elections benefitted from secrecy, suggesting that disclosure considerations would be a right-left issue. However, when asked about disclosure, Prosser suggested he would favor it, stating "I want to know who is smearing me in that third-party ad!"

Wisconsin Judge Halts Union-Busting Bill

A second judge has castigated Wisconsin Republicans for excluding the public from the legislative process. Dane County Judge Maryann Sumi has issued a temporary restraining order blocking implementation of Governor Walker's union-busting bill on grounds that the conference committee's rushed passage of the bill on March 9 likely violated state Open Meeting laws.

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