March 26, 2011

The Milwaukee Journal-Sentinel is out to lunch

According to its editorial board:
The law officially takes effect on Saturday; it was published Friday by the Legislative Reference Bureau.
No it doesn't; because no it wasn't.

Its main story headline, "law published," is wrong as well.

As is practically every headline in the country.

eta 01 — Edit board edit, back from lunch:
There is a dispute over whether the law will officially take effect on Saturday; it was published Friday by the Legislative Reference Bureau.*
Thanks to an attentive reader. *wink*

* Arguably true in one sense, but still not "published" in the required sense. It's been "printed," is probably the best way to think of it.

eta 02 — And here is a delightful headline of a different flavor:
Wisconsin collective bargaining law published, violating court orderMarshalltown (IA) Times-Republican
Strictly speaking the court order couldn't have been violated, because the court order enjoins the Secretary of State, and the Secretary of State took no action inconsistent with the court order.** However, there exist some misunderstandings you don't want to discourage.

That be one of 'em.

** GOP leader Scott Fitzgerald is one of the other defendants in the case. "Contempt" is a word Fitzgerald likes to bandy about when it comes to others (along with "arrest"). Might we bandy it about here?

I would sure like to inspect Senator Fitzgerald's correspondence with his Republican-for-hire attorneys. Open records request anybody?

2 comments:

Roger said...

Last night I posted this to the J-S's comments section on the printing story--actually, this was spread out over several posts:

On their 10 pm Friday newscast, Madison's channel 3 said lawyers for the Wisconsin Legislative Council sent a letter to Rep. Barca that stated "further action by the Secretary of State is STILL required for this law to take effect."

It's a two-part process:

The letter says, "...Section 35.095(3)(a) Statutes directs the LRB to publish every act within 10 working days of passage...

"The second part of that statute, Section 35.095(3)(b)., directs the Secretary of State to designate a date of publication for each act", meaning the law is NOT effective just yet.

"...while certain statutory obligations...have been satisfied by the LRB, the stator obligation...HAS NOT YET BEEN SATISFIED BY THE SECRETARY OF STATE.....(A)t this time, the Secretary's actions REMAIN SUBJECT TO THE TEMPORARY RESTRAINING ORDER ISSUED IN DANE CO. CIRCUIT COURT." (emphasis added)

The Dane County DA also issued a statement saying that Friday's action has no legal significance.

So despite what the Fitzwalkerstan junta wants you to believe, it's NOT law yet.

If they try to enforce it, they're bluffing, and there'll be another restraining order.

I can have something printed at Kinko's but that doesn't make it law.

Michael said...

Duh.....ya think? This is little more than a political coup, nothing more than what we might see or hear about in Mayanmar (except for no uniforms). Wait....the brown shirts and arm bands must be on order since last Saturday.