Sep 16, 2012

Scott Walker's War on Civil Rights Suffers Major Blow

Update: I highly recommend John Nichols' Scott Walker reduced to name-calling to defend struck-down Act 10 and Edward Fallone's piece on the reckless and hollow statements of the Walker administration to Judge Colas' ruling. Vis:

The conservative “noise machine”– consisting of ersatz news media, think tank “experts,” and political campaign consultants — will no doubt seek to mold public opinion in this case. They will ignore the merits of the legal claims at issue and try to convince the public that any adverse ruling is the result of one partisan judge acting without legal authority. Of course, the consequence of such a strategy is to intimidate judges who might otherwise give legal claims against the State a fair hearing, and also to steadily undermine the public’s confidence in the legal system.

Members of the State Bar should refuse to play along with this game. By all means, we should feel free to criticize the reasoning of Judge Colas’ opinion. His application of the precedent to the specific provisions of Act 10 is fair game for critical analysis. However, anyone who has been following the nationwide litigation concerning public employee bargaining rights must recognize that Judge Colas was correct to take the plaintiff’s constitutional arguments seriously. - Fallone
First Latino Judge in Dane County, Juan B. Colas, delivers devastating summary judgement and opinion against the GOP— restores community control, remedies Equal Protection and Wisconsin Constitution Article One violations, among other corrective action against increasingly lawless Scott Walker administration.

Even as the Scott Walker regime continues a veritable occupation of the Capitol through its unconstitutional denial of Wisconsin citizens' freedom to assemble and protest corrupt politicians, the Walker regime was dealt a body blow late last Friday.

In Madison Teachers Inc. et al v. Scott Walker et al [Case No. 11CV3774], Judge Colas delivered a stinging rebuke against Walker's infamous Act 10 that singles out political opponents of Walker, denying free speech and free associations while dismantling the community control that villages, towns and cities have enjoyed through Wisconsin history.

Walker as usual refused to engage a legal opinion, sending a disingenuous e-mail communication to supporters reading in part "... a liberal activist judge in Madison overturned the will of the people and imposed his personal political beliefs on all of us."

Funny that Walker's "will of the people" is described by Walker in his infamous 2011 recorded conversation with the faux David Koch as being of such little concern that Walker dropped "a bomb" on the Wisconsin people.

So, does Walker take issue with the Court's jurisdiction? No.

Engage the Court's opinion? No?

Does Walker speak to the found violations of free speech, freedom of association and equal protection under the law? No.

Reads Judge Colas' opinion: "[I]n the statutes at issue, the state has imposed significant and burdensome restrictions on employees who choose to associate in a labor organization. The statues limit what local governments may offer employees who represented by a union, sole because of that association. ... "

The next year will likely see criminal federal and state charges against Walker and his political cronies for their criminal rise to power. One looks forward to the next year.

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