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Reply With QuoteThis is the same county judge that has been over ruled several times with this litigation several times.Originally Posted by MeadHallPirate
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2011 USPOL Most Valuable Poster (MVP)
ahoy all,
well, justice hath spoken.
Governor Walker's anti union measures regardin' collective bargainin' in his state hath been deemed unconstitutional.
what measures do ye think the Governor can take to try to circumvent the Constitution of the United States of America now that the courts hath foiled him?
Read more: Judge strikes down Wisconsin law limiting union rights | Fox NewsMADISON, Wis. – A Wisconsin judge has struck down the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.
Dane County Circuit Judge Juan Colas ruled Friday that the law violates both the state and U.S. Constitution and is null and void. The ruling comes after a lawsuit brought by the Madison teachers union and a union for Milwaukee city employees.
- MeadHallPirate
Moderator
This is the same county judge that has been over ruled several times with this litigation several times.
The modern Liberal is engaged in one of man's oldest exercises in moral philosophy; the search for a superior moral justification for selfishness. OMD
2011 USPOL Most Valuable Poster (MVP)
ahoy OldmanDan,
imma not disputin' yer assertion, but may i have a link to this? i'd like to know more 'bout it, matey.
- MeadHallPirate
Moderator
Same court, different judge:
» It’s never really over in Wisconsin, is it? Dane County Judge throws out collective bargaining reform law - Le·gal In·sur·rec·tion
http://www.weeklystandard.com/blogs/...ng_574660.html
The modern Liberal is engaged in one of man's oldest exercises in moral philosophy; the search for a superior moral justification for selfishness. OMD
2011 USPOL Most Valuable Poster (MVP)
ahoy OldmanDan,
ahhh...i see.
so yer sayin' thar be somethin' 'bout the architectual construction 'o the courthouse (the bricks, the mortar, the flourescent lightin', the carptenin') that causes the judges housed within to yield errant rulings?
thats interestin'.
aye!
- MeadHallPirate
Legend of USPO!
Well, the likely next course is an appeal to the next higher layer of the judiciary.
If that fails, the laws can be re-written to address the issues raised by the courts.
Neither of those actions constitutes circumventing the Constitution of the United States of America, though, so I am not sure my post answers the question on deck.
Matt
“Well, congratulations, President Barack Obama, Conspiracy theorists who generally can survive in anaerobic environments have just had an algae bloom dropped on their fucking heads, thus removing the last arrow in your pro-governance quiver: skepticism about your opponents.” - Jon Stewart
Joint Chiefs of Staff Member
Assuming Judge Colas is correct in his reasoning regarding State and Federal Constitutions, his jurisdiction doesn't permit rulings on both. He is a state judge who is limited in his rulings to his state Constitution. Leave the Federal Constitutional rulings to Federal courts.
Last edited by Steerpike; 09-15-2012 at 04:14 AM.
"Justice is the first virtue of social institutions, as truth is of systems of thought." - John Rawls
"Those who will not reason, are bigots, those who cannot, are fools, and those who dare not, are slaves. " - Lord Byron
"Knowledge makes men gentle, and reason inclines toward humanity; only prejudices cause these to be renounced." - Montesquieu
Moderator
He's actually a County judge. I don't know about Wisconsin but around here they are elected. The Judges in that court are notoriously liberal because the county is Liberal.
The modern Liberal is engaged in one of man's oldest exercises in moral philosophy; the search for a superior moral justification for selfishness. OMD
Joint Chiefs of Staff Member
County courts are part of the state court system. One in that position needs to limit rulings to their state laws/constitution. He could be 100% correct in his reasoning, but jurisdiction (of a judge) will not cover both Federal and State Constitutions.
"Justice is the first virtue of social institutions, as truth is of systems of thought." - John Rawls
"Those who will not reason, are bigots, those who cannot, are fools, and those who dare not, are slaves. " - Lord Byron
"Knowledge makes men gentle, and reason inclines toward humanity; only prejudices cause these to be renounced." - Montesquieu
Moderator
I agree with what you say but I also see these county judges as politicians, not judges. In most states, they don't even need any legal training.
The modern Liberal is engaged in one of man's oldest exercises in moral philosophy; the search for a superior moral justification for selfishness. OMD
Vice President
Yeah, it will be left up to the ones who see a corporation as a person, with the same rights as someone who has to take a daily shit. But oldman confused the court building with the judge who made that ruling. Seems this confusion is infectious. I am putting on my germ mask right now, and do the japanese deal. I sure don't want to catch what is infecting america.
"Like every other good thing in this world, leisure and culture have to be paid for. Fortunately, however, it is not the leisured and the cultured who have to pay." Aldous Huxley.
Moderator
Activist judges who see some right in the Constitution to collective bargaining are the same judges who see a right to health care and a right to abortion.
The modern Liberal is engaged in one of man's oldest exercises in moral philosophy; the search for a superior moral justification for selfishness. OMD
Vice President
Legislation from the bench, yep. That is a fact sir. This is the most powerful branch of gov't. And they don't always get it right. I think judges should be chosen on being neither left nor right in political ideology. Ideology affects decisions. We should not allow that dangerous variable on the high courts. Justice, sound decision making should be absent of ideology, because ideology is never OBJECTIVE, in fact it negates such. But instead of this republicans want right wing judges, the left wants left wing judges. As if justice, real justice is a matter of ideology, left or right. Ideology couldn't care less about justice. They just want their ideological principles to be the law of the land.
Perhaps one day we will send these men and women home and install an artificial intelligence super computer, programmed to only adhere to the constitution. Only then perhaps will be get some justice. And non partisan decisions. This computer would probably reverse 50 per cent of all supreme court decisions. LOL.
"Like every other good thing in this world, leisure and culture have to be paid for. Fortunately, however, it is not the leisured and the cultured who have to pay." Aldous Huxley.
2011 USPOL Most Valuable Poster (MVP)
ahoy Steerpike,
Judge Colas didn't rule on the matter due to Governor Walker violatin' the Constitution 'o the United States, he only noted in his rulin' that Governor Walker be abrogatin' the rights 'o individuals as states in the Constitution in addition to Wisconsin state law.
Read more: Judge strikes down Wisconsin law limiting union rights | Fox NewsIn his 27-page ruling, the judge said sections of the law "single out and encumber the rights of those employees who choose union membership and representation solely because of that association and therefore infringe upon the rights of free speech and association guaranteed by both the Wisconsin and United States Constitutions."
- MeadHallPirate
Moderator
Except that that point (the bargaining power of public employee unions) is allowed to be limited by states under US law and is in many many states. Thirteen states have no collective bargaining rights for public employees, and others limit them to selected public employees. Missouri is one of those states.
Bottom line... coming from and/or being in Dane County, this judge is a union hack and he will be overturned.In 1976 the Supreme Court derailed a movement to enact the National Public Employment Relations Law ("a Wagner Act for public employees," as supporters described it) led by Rep. William Clay of Missouri. The court held that Congress could not apply federal labor laws to state employees. The justices stated the obvious, that "the States as states stand on a quite different footing from an individual or a corporation."
How Public Unions Became So Powerful - WSJ.com
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