Legal Commentary

Meanwhile in Wisconsin, Another TRO

By Jonathan H. Adler

The state of Wisconsin had begun to implement the controversial bill that curtails public employee collective bargaining rights by charging state employees more for health insurance and ceasing to collect union dues from state employee paychecks, but the legal proceedings continued.  This afternoon, Dane County judge Maryann Sumi issued another TRO against further implementation of the law.

?Further implementation of the act is enjoined,? said Dane County Judge Maryann Sumi.

Sumi noted her original restraining order issued earlier this month was clear in saying that the state should not proceed with implementing the law. The Walker administration did so after the bill was published Friday by a state agency not included in Sumi?s earlier temporary restraining order.

?Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear,? she said.

But minutes later, outside the court room, Assistant Attorney General Steven Means said the legislation ?absolutely? is still in effect.

A copy of the order is available here.

To be continued.

Full post as published by The Volokh Conspiracy on March 29, 2011 (boomark / email).