Generally, when a higher court calls bullshit on a lower one, it's called a remand, a declaration that the lower court got it wrong, and to try again.
...the court ruled here ab initio, which (context clues, it's been forever since I did anything law-oriented) means it's expunged from memory altogether as being improperly entertained from the start, which means there is no remand to the lower court to try again. The higher court has said "Not only did you get this wrong, you got it so wrong we don't trust you with another bite at the apple, so we're directing your decision from here. It's over. Done. Finished. Kaput."
Posted: Tue Jun 14, 2011 9:49 pm
by Malcolm
After the ab initio, we have this gem...
This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature.
and
The court noted that “f a court can intervene and prohibit the publication of an act, the court determines what shall be law and not the legislature. If the court does that, it does not in terms legislate but it invades the constitutional power of the legislature to declare what shall become law. This [a court] may not do.”
and actually naming names...
In hastily reaching judgment, Justice Patience D. Roggensack, Justice Annette K. Ziegler, and Justice Michael J. Gableman author an order, joined by Justice David T. Prosser, lacking a reasoned, transparent analysis and incorporating numerous errors of law and fact. This kind of order seems to open the court unnecessarily to the charge that the majority has reached a pre-determined conclusion not based on the facts and the law, which undermines the majority's ultimate decision.
Remember these? The Dems and the unions really pushed for this during the Wisconsin fiasco. Millions upon millions were spent by both sides. The Dems and unions expected a clean sweep because "everyone is on their side", but only won 2 of 6. The two they won were areas where the Republican had barely won the first time.
Very demoralizing. Too bad they couldn't bus in voters like they bussed in protestors, huh?
This issue kind of died down a lot, even here in Ohio where State Bill 5 is a hot topic, but I think seeing these recall results is going to be a green light for politicians to take a similar stance.
Next up, the recall elections of two Democrats.
Posted: Thu Aug 11, 2011 10:38 am
by GORDON
I have been watching that, and I silently predicted Dems would not win the recalls, overall. I still think the majority is against the public union employees soaking up three times the wages and benefits of private citizens doing the same job.
I was a little concerned about all the out-of-state "support" flooding in. The public money, and the secret extra votes. I guess it wasn't enough. Basically the democrats and unions spent twice as much money as the republicans, and the republicans still won.
Posted: Wed Aug 17, 2011 2:13 am
by GORDON
Non-unionized electrical company owner shot by union guy who had just spray-painted "scab" on his car.