The Wisconsin Supreme Court ruling that the state legislature did not violate Open Meetings Law when it voted on the Budget Repair Bill with only two hours notice has caused an incredible stir, in part because of the unpopularity of the decision, but more so because of the allegation, made by Chief Justice Shirley Abrahamson -- who voted in the minority -- that the majority, Justice David Prosser in particular, "set forth their own version of facts without evidence." Abrahamson suggests in shockingly plain language that the vote was rife with fraudulent partisan politics.
The actions of the Wisconsin GOP would have constituted "a violation for every other governmental body in this state," according to a Green Bay Press Gazette editorial. They claim the ruling "place[s] a group of elected officials above the law."
Forbes author, Rick Ungar, goes further, labeling the 4-3 vote an "extraordinary crisis," not because he disagrees with the intent of the collective bargaining changes themselves, "but because the people of Wisconsin now have every reason to believe that their Supreme Court has been corrupted and their opinions subject to invalidation." More from Ungar:
...when the Chief Justice of the State’s highest court accuses the majority of highly unethical behavior and political motives when making law, and does so in the writings found in a decision of the court, there is no court in the state – nor citizen seeking to follow the laws of the state – who can give credence and credibility to the high court’s rulings. Every ruling of the Wisconsin Supreme Court, so long as it is composed of its current Justices, will result in precedents that are instantly suspect due to the charges that have been levied by members of the court...
And if Chief Justice Abrahamson is correct in her assessment, Wisconsin now finds itself in a period where their highest court decisions can no longer be relied upon when assessing the law.
The solution? The Green Bay Press Gazette demands more clarity, but expects this purgatory to maintain its grip on America's Dairyland:
We hope future state Legislatures will either enact new rules that clearly delineate when joint committees may exercise their exemption from the law, or perhaps amend the state Constitution to further limit special powers for lawmakers. Without any changes, the state Supreme Court's ruling will effectively wrap lawmakers in a blanket of immunity. The people of Wisconsin should not allow that.
The state high court's decision likely will be challenged, which means this drama will drag on indefinitely.
A protest of the latest has been scheduled by We Are Wisconsin for Noon on Thursday, June 16th when the legislature is expected to take its latest vote.