Republicans worry that we're spending too much on school teachers and snow plow drivers. If the motion presented today in Madison by J.B. Van Hollen's flunkies is any indication, I worry that we're wasting money on barely-competent lawyers.
Van Hollen and his dimwitted elves have been repeating this line ad nauseum for weeks. They contend that Judge Sumi doesn't have the authority to block Walker's Union-Busting Bill because a 1943 Wisconsin Supreme Court ruling declared that lower courts cannot rule on the constitutionality of a law until it actually becomes the law. Taken to its idiotic conclusion, they're trying to argue that the court cannot interfere with the legislative process for any purpose.
I'll try to be plain here, because some asshat from Van Hollen's office might be reading this: Judge Sumi is not reviewing the constitutionality of the law. She's reviewing whether the Republicans violated the Open Meetings Act, which would nullify the law whether it's constitutional or not. Do you understand? Were you sick that day in law school when they discussed...you know....law?
Given that the Open Meetings Act came after the 1943 ruling, it's altogether appropriate for Judge Sumi to review whether the law was violated, and it would be certainly a matter for the Wisconsin Supreme Court to determine when and where the lower courts can become involved. This is how the legal system works in a civilized society. You're not living in Medieval Europe. Sorry.
As to the argument that the court does not have the authority to review acts of the State Assembly because the judicial system is a separate branch of government, I can only conclude that you're all other dumber than a sack of hammers or that you're....oh fuck it. You're just dumber than a sack of hammers.
Just to review. There are three branches of government, and each has checks and balances against the other. The fact that the Wisconsin State Senate has gleefully handed over large chunks of its senatorial privilege to the governor notwithstanding, it doesn't follow that the judicial branch would be eager to do the same. So you'll just have to excuse Judge Sumi for thinking that the rule of law still applies.
This is the best they've got? These weak-assed arguments only prove that this is going all the way to the Wisconsin Supreme Court, which is going to be lacking one conservative member after next Tuesday.