Ed Morrissey
HotAir.com
4/8/2011
In the wake of David Prosser’s surprise leap into a substantial lead in yesterday’s canvass of Wisconsin votes, the Department of Administration filed an emergency request at the state Supreme Court to vacate a temporary restraining order on the new law at the center of the election fight. SDA Secretary Mike Huebsch also asked the court to pull the case entirely from Judge Maryann Sumi’s court, but Huebsch also pledged to obey the TRO until the Supreme Court acted:
Gov. Scott Walker’s administration went to the state Supreme Court late Thursday afternoon in a bid to implement its controversial collective bargaining measure.
State Department of Administration Secretary Mike Huebsch petitioned the Supreme Court to vacate a temporary restraining order issued by a Dane County judge that blocked the state from implementing the bill.
He asked for a stay of the temporary restraining order and any further proceedings by the circuit court while the Supreme Court reviews the case.
At the heart of this case is the intrusion of the judiciary into the legislative process. In Wisconsin, precedent and law keeps the courts out of the way of publishing new law; courts only get to weigh in on new law after publication, and after the consequences of it give someone standing to challenge it. In this case, the intrusion goes even further, as Sumi’s action puts the legislature subservient to the judiciary on its own internal rules, an unconstitutional arrogation of power that the Supreme Court needs to rebuke immediately and forcefully…
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