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Tuesday, May 14, 2013

 6:20 PM 

Dems say legislative council memo shows GOP injunction bill unconstitutional

The Democrats are now on to debate of a bill that would allow an immediate stay of a court injunction on a law passed by the Legislature, saying a memo from legislative council shows the measure is unconstitutional.

Under the bill, if an appeal to an injunction is filed within 10 days, the injunction would immediately be stayed until a higher court restored the injunction.

Democrats say the bill interferes with the role of the judiciary, with Rep. Gary Hebl, D-Sun Prairie, calling the bill an insult to their oath to uphold the state and federal Constitution.

"So you didn't like some of the rulings of the lower court judges," Hebl said. "There's a process. You don't take your ball and go home."

A legislative council memo on the matter started it's review of the bill by saying "portions of the bill could be found unconstitutional under the Separation of Powers Doctrine."

Speaker Robin Vos came on the floor to debate for the GOP, saying that what he was hearing from Democrats was "so detached from reality" that he had to address the bill. Vos said that the bill only serves to make sure the Legislature has the right to pass its laws without a circuit court judge deciding to enjoin them based on political motivations. Vos cited the defeat of Walker appointees in Dane County -- despite support from local Democrats -- as evidence of the pressures of politics on those injunction rulings.

"At some point in the future, Democrats might be in charge of the state and you will have the exact same scenario and all you will want is a fair hearing," Vos said.

Currently, the Dems have made a motion to refer the bill back to committee. Under the agreement, they could debate this bill until about 8 p.m., when they'll move on to the landlord-tenant omnibus bill.

Also, since I neglected to mention this before -- Suder also intends to special order a few bills at the end of the day before leaving for the day.


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