March 25, 2011- Yet another shoe has dropped in the battle over Wisconsin Gov. Scott Walker's (R) anti-public employee union law — with state Republican leaders now apparently defying or attempting to circumvent a court order that temporarily blocked implementation of the law.
Last week, a judge in Dane County (Madison) blocked the law on procedural grounds, ruling that a key conference committee used to advance the bill — and to get around the state Senate Dems' walkout from the state — had violated the state open-meetings law by failing to give proper 24-hours notice.
The judge's order "restrain[ed] and enjoin[ed] the further implementation" of the law, including the prevention of Secretary of State Doug LaFollette (D) from publishing the act in the Wisconsin State Journal, which acts as the state's official newspaper for the purpose of giving the public official notice of new laws — the final step for the law to take effect. That decision is now going through an appeals process, which remains up in the air.
But now, state Republicans have had the bill published through a different office — the Legislative Reference Bureau, which handles drafting and research for the legislature — according to the LRB's statutory requirement to publish legislation within ten days of enactment. Interestingly, the LRB itself says that this publication does not constitute action that would put the law into effect. But the state's Republican leaders disagree. Senate Majority Scott Fitzgerald (R) says the LRB publication constitutes official publication and the insists the law will take effect Saturday.