Justice Wins Out in Wisconsin on New Labor Law

Hans von Spakovsky / June 15, 2011

In approving Wisconsin’s new collective bargaining law yesterday, the Wisconsin Supreme Court dropped an anvil on Dane County Judge MaryAnn Sumi’s political rulings.  The state Supreme Court vacated all of Sumi’s orders against Wisconsin’s new labor law, declaring them void ab initio or invalid from the inception.  This avoids the need for Wisconsin legislators to hold another vote on the bill.  It is a victory not only for the soundness of the underlying legislative process but also for the rule of law against activist judges who ignore the separation of powers between the legislative and judicial branches and make up their own law from the bench.

Sumi had issued restraining orders that prevented the law from being published and going into effect, claiming that the legislature’s passage had violated the state’s open meeting law.  The Wisconsin Department of Justice, headed by Attorney General J.B. Van Hollen, had not only appealed Sumi’s orders, but had also filed an original petition with the Supreme Court arguing that Sumi was acting beyond her authority and interfering with the legislature’s duties as the lawmakers of the state of Wisconsin. (more…)