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WI Election April 5th

March 25, 2011

As reported by the Milwaukee Journal-Sentinel, a state appeals panel said March 24th a case over a new collective bargaining should go directly to the state Supreme Court. The move puts the issue squarely before the Supreme Court less than two weeks before Justice David Prosser faces re-election. Prosser, a former Republican lawmaker, faces Assistant Attorney General JoAnne Kloppenburg. The WI Supreme Court election is Apr 5th.

At issue is whether lawmakers violated the open meetings law when a committee hastily took up a bill to eliminate most collective bargaining for public workers. A majority of the seven-member Supreme Court must agree to take it or it would remain in the appeals court. The Appeals Court said it is appropriate for the state’s highest court to take the case because it presents significant issues that are likely to end up before the Supreme Court anyhow.

Dane County Circuit Judge Maryann Sumi issued a temporary restraining order March 18 barring the new law from going into effect. The temporary restraining order will remain in place until a court lifts it. The restraining order prevents Secretary of State Doug La Follette from publishing the law weakening collective bargaining, thus stopping it from going into effect.

The appellate court has two liberals on it and the Chief Justice of the SSC and Prosser have a terrible relationship, so it seems. The appellate court that bumped it to the Supreme Court is very left and they know that the now right leaning court will overturn this suit and the bill will be published into law. But, the left is working hard to get Kloppenburg elected on April 5. She’s running against sitting justice David Prosser.

It’s undetermined whether the WI SC will rule soon, meaning before the April 5th election. The clerks have already added it the docket. Even if Kloppenburg wins the election she won’t replace Prosser until August when she’s sworn in. It’s critical however, that Prosser gets elected. Prosser needs to win. Wisconsin needs to maintain its conservative court.

Prosser agreed to the government’s $300,000 limit, as did Kloppenburg. Some good organizations are running ads for him. One of the groups with pro-Justice Prosser ads running is the Wisconsin Club for Growth. Democrats too are running ads with Walker and Prosser. Prosser said he would not step aside from the case.

If the Tea Party organizations should be doing anything, it should be in support of Prosser in phone banks. There is a need to mobilizes the seniors, and the inner-city parents who have kids in the voucher system, etc. Someone needs to make it clear to those parents that if Prosser loses, their kids will be sent right back to the Milwaukee public schools. Because that will be the next thing to go…the voucher program.

The Democrats are hitting back hard with everything they have. Traditionally, Republicans don’t have a clue as to how to fight back. The Democrats do not give up. It seems when the Democrats win elections, they just run over the opposition…when they lose election, they turn to the courts & riots & protests, and there is nary a peep from the Republicans.

Calls can be made for Justice Prosser from anywhere. Sign up at Select Prosser920 or any other zip code. It is an extremely easy-to-use site. The script will display on the screen. There are ways to volunteer for Judge Prosser on his website. You can also call Talk Radio..

Contributions can also be sent to:

Prosser for Supreme Court
709 Milwaukee Street, Suite C
Delafield, WI 53018
(262) 646-3073

Senate Majority leader Fitzgerald expressed concern that the bill would pass if voted on again. There are currently 16 recall efforts taking place…..8 Republican and 8 Democrat. It’s likely the recall efforts could reach the courts too. Some say, that outside of Madison, there is a union backlash in play. The Democrats are playing hardball & for keeps, and the Republicans need to finish this fight. A conservative court will be the final authority on many other complex issues as well which will affect the health and welfare of Wisconsin and citizens for years to come.

The WI Supremes are NOT going to decide the merits of the budget repair bill or whether its passage violated an open meetings law. They are going to rule whether Sumi was within her power to slap an injunction against instituting the law. A judge always has the authority to enter an injunction. The question is whether under the facts presented, the court properly exercised its discretion in doing so. Remember, the Budget Repair Bill; it isn’t even law yet. This case is based on the PROCESS, not the law itself. The SC can only rule for or against a law ONCE it has become law.

The court sent two questions to the Supreme Court: Can a circuit court judge strike down a legislative act as a remedy for violation of the state’s open meetings law, and if so, does the court have the authority to stop the secretary of state from publishing the bill before it becomes a law? []

The people of WI know enough to re-elect a seasoned, impartial judge like Prosser. 12 years on the bench and the attack ads can’t find one ruling Prosser made that was not based on a balanced reading of law. Klopenburger, on the other hand, wasn’t deemed experienced enough for Gov. Doyle OR Obama to even consider to appoint.

It is so very important for people to vote in this next election. The choices are clear. You can vote for an environmental lawyer who makes her living suing farmers and businesses reshaping laws to suit her needs or you can vote for someone who is qualified and has a proven track record. I support Justice Prosser!

If the court can and does drag its feet, the legislature can re-vote and pass it a second time, if the votes are there. The liberals and unions are just delaying what might be the inevitable. It is the final suicidal effort by the Unions to save their $175,000,000 in annual dues. Kloppenberg is not qualified to be on the Supreme Court but then again Obama was not qualified to be elected President.

In the end, this might be a waste of time and waste of taxpayer money. Democrats are good at that. In the meantime, I can’t wait to read the ruling. I think that covers it.

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