The Briefing Room
State Chapters => State Politics/Government => Topic started by: corbe on March 22, 2019, 07:39:53 pm
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Judge blocks laws passed by Wisconsin Republicans in lame-duck session
by UPI
21 Mar 2019
March 21 (UPI) — A Wisconsin judged ruled to block laws passed by Republicans in the state during a lame-duck session and restored powers to Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul.
Dane County Judge Richard Niess issued a temporary injunction Thursday, stating that all of the laws passed during the session were unlawful because the so-called “extraordinary session†they met to pass them during isn’t explicitly permitted in the state’s constitution.
“There can be no justification for enforcement of the unconstitutional legislative actions emanating from the December 2018 ‘Extraordinary Session’ that is consistent with the rule of law,†Neiss wrote in his ruling.
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https://www.breitbart.com/news/judge-blocks-laws-passed-by-wisconsin-republicans-in-lame-duck-session/ (https://www.breitbart.com/news/judge-blocks-laws-passed-by-wisconsin-republicans-in-lame-duck-session/)
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I guess the question is one of whether the State Constitution prohibits such behaviour on the part of the Legislature, and if so, did this fit within those circumstances.
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https://jwyjh41vxje2rqecx3efy4kf-wpengine.netdna-ssl.com/wp-content/uploads/2019/01/190110LegCouncilMemo.pdf (https://jwyjh41vxje2rqecx3efy4kf-wpengine.netdna-ssl.com/wp-content/uploads/2019/01/190110LegCouncilMemo.pdf) :pondering:
https://www.jurist.org/news/2019/03/wisconsin-judge-temporarily-strikes-down-laws-limiting-governors-power/ (https://www.jurist.org/news/2019/03/wisconsin-judge-temporarily-strikes-down-laws-limiting-governors-power/)
https://docs.legis.wisconsin.gov/constitution/wi/000229/000012 (https://docs.legis.wisconsin.gov/constitution/wi/000229/000012)Meeting of legislature.
Section 11. [ As amended Nov. 1881 and April 1968] The legislature shall meet at the seat of government at such time as shall be provided by law, unless convened by the governor in special session, and when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1965 J.R. 57, 1967 J.R. 48, vote April 1968]