Holy crap, the GOP in Wisconsin must think they’re untouchable. Either that or they just don’t care if they burn the whole state down. This story is a bit complicated and involves arcana of Wisconsin state law. I hope this excerpt explains the issue:
After splitting the bill and jamming it through both houses without Democrats present, Wisconsin Republicans are now taking the position that the law goes into effect on Saturday even though just last week, a judge issued a temporary restraining order (TRO) enjoining any implementation of the law while the court considers several lawsuits challenging it. Here’s what happened as far as I understand it:
The Republicans jammed the bill through on March 9. Walker signed the bill on March 11. Secretary of State La Follette designated today as the date of publication. After the court issued the TRO, La Follette told the Reference Bureau (a non-partisan legislative bureau which publishes bills) that he was rescinding the publication date. The Reference Bureau published the law today anyway calling the publication “merely procedural,” and stating that it was required to publish the law within 10 working days of the governor signing the bill, on the date designated by the Secretary of State. (If La Follette rescinded the publication date, then why did the Reference Bureau publish it anyway? Inquiring minds want to know.)
In any event, and despite the Reference Bureau calling the publication “procedural” and categorically stating that publication does not equal implementation, the question becomes is that true?1 Is publication implementation or is it just a procedural measure? It’s a question the courts will have to answer.
Of course Walker and Cronies (specifically Republican Senate Majority Leader Scott Fitzgerald) are claiming that the law has been published and therefore goes into effect tomorrow, which makes exactly zero sense since the judge enjoined its implementation. Fitzgerald is claiming—stupidly—that because the TRO does not reference the Reference Bureau specifically, that the TRO does not apply to the Reference Bureau.
The short explanation is that Walker published the new union-busting bill despite a judge’s order not to by publishing it through a state agency not specifically named in the temporary restraining order. Now Walker is claiming that means the bill is now state law.
We will have to see how this plays out. I’m no lawyer but I can’t imagine that there is one pissed-off Wisconsin judge. I wonder if the judge will sanction the state?
Related update: Wisconsin labor groups have announced that they have already gathered enough signatures to force a recall election of Randy Hopper (the one with the mistress with the state job). They have until May 2 to gather signatures.