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View Diary: Uh Oh - GOP Caught Red Handed + More (151 comments)

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  •  On the SoS front (2+ / 0-)
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    Puddytat, Creosote

    What if Doug simply doesn't publish SB2 in order to avoid it taking effect?

    "But," I hear you say, "wouldn't he be smacked down by the courts who would then order its publication?"

    Let me introduce you to my friend, Ozanne v. Fitzgerald, aka "that one where Pat Roggensack and her ethically-compromised buddies on the Wisconsin Supreme Court decide that Open Meetings Law is completely ignorable whenever it suits Scott Walker":

    no court has jurisdiction to enjoin the legislative process at any point
    the legislative process is not complete unless and until an enactment has been published as required by the constitution and by statute.
    Part of those statutes regarding publication read:
    (b) The secretary of state shall designate a date of publication for each act and every portion of an act which is enacted by the legislature over the governor's partial veto. The date of publication may not be more than 10 working days after the date of enactment.
    So:

     1. Wisconsin courts have no jurisdiction over the legislative process.
     2. The legislative process includes publication of laws.

    Therefore:

     3. Wisconsin courts cannot force adherence to laws governing the publication of laws.
     4. The Secretary of State therefore has extra-constitutional veto powers over any piece of legislation, and can veto SB2.

    I suggest that Doug exercise this veto now so as to force the Supreme Court to contradict their earlier pro-Walker decision if they want to be pro-Walker now.

    Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

    by GeoffT on Thu Mar 14, 2013 at 10:26:18 AM PDT

    •  I like your logic (1+ / 0-)
      Recommended by:
      GeoffT

      but Douglas LaFollette is a law abiding guy.  He'll hold the law for 10 days, which he can do by statute, and then publish it.

      I'm not just concerned by the partisan dimishment of his power and authority, but that the GOP had now determined that the public will not be informed of any new laws.

      There already is class warfare in America. Unfortunately, the rich are winning.

      by Puddytat on Thu Mar 14, 2013 at 11:45:47 AM PDT

      [ Parent ]

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