Legal Commentary

Wisconsin AG Seeks to Appeal Order Blocking Anti-Collective Bargaining Bill

By Jonathan H. Adler

Wisconsin Attorney General J.B. Van Hollen appealed the decision by a county judge enjoining publication of legislation that would curtail collective bargaining rights for public employees.  The AG?s petition, filed with a state appellate court, seeks leave to appeal and a stay of the county judge?s temporary restraining order.  The Journal-Sentinel reports:

In its appeal Monday, the state made several arguments. First, the state argued that the court has no jurisdiction over GOP legislative leaders being sued or over La Follette because they all currently enjoy legal immunity.Second, the state argued that the court can?t block a bill that hasn?t yet been published into law because that amounts to interfering with the Legislature in its area of responsibility of passing laws.

Last, the state argued that the courts can?t block or strike down a law passed by the Legislature purely on the basis of lawmakers failing to follow the rules of the lawmaking process such as legislative rules or the open meetings law. State Supreme Court decisions have found that the courts can only strike down or block laws when the Legislature has failed to follow constitutional requirements, the state said in its appeal.

Full post as published by The Volokh Conspiracy on March 21, 2011 (boomark / email).