Word is Republican State Senate leader Scott Fitzgerald ordered the Legislative Reference Bureau to "publish" (scare quotes because "publication" did not occur) 2011 Wisconsin Act 10 (.pdf; 46 pgs.).
Obviously Republican State Senate leader Scott Fitzgerald is sufficiently aware there is currently a Dane County circuit court order in force preventing the Secretary of State from publishing the Act.
"Publish" and "publication" are legal terms of art referring here to a step in the legislative process immediately preceding enforceability.
There is a footnote purportedly justifying Republican desperado numero dos Scott Fitzgerald's "order" on the cover page of the Act citing Wis. Stat. §35.095(3)(a), which itself states:
[T]he [LRB] shall publish every act and every portion of an act which is enacted by the legislature over the governor's partial veto within 10 working days after its date of enactment.But I suspect "publish" doesn't mean publish in the sense that the Secretary of State is enjoined from doing, but rather publishing as in printing onto paper, as §35.095 resides in a subchapter of the statutes entitled, "LEGISLATIVE; CLASS 1 PRINTING." Therefore it's reasonable to wonder whether Fitzgerald is trying to pull a fast one (it's also reasonable to wonder that just because it's Fitzgerald).
Consequently, it's likewise reasonable to inquire into Scott Fitzgerald's intent, not just because he's Scott Fitzgerald this time but because of what the Supreme Court had to say in 2009:
[I]f some action is argued to be sufficient to constitute publication, that action must be evaluated in light of the purpose publication seeks to achieve, i.e., was the public provided with sufficient notice of the law that is being enacted or amended.It's debatable if sufficient notice is even possible, given publication was enjoined by a court order in effect to this very moment.
And of course there are many uncounted other purposes, one of which is conceivably Scott Fitzgerald's capriciousness,** in trying to pass off "printing" as "publication." I wouldn't put it past him.
I don't believe this particular action constitutes publication at all.
The utter farce continues ... Welcome to Fitzwalkerstan.
* Of which Fitz should have knowledge, because there's a strong possibility it's going to facilitate his downfall in the Supreme Court.
** I leave it to others to characterize Fitzgerald's performance in less charitable terms, most of which are assuredly every bit as applicable.
eta 01 — Act 10 is unenforceable in its present posture:
[F]urther action by the Secretary of State is required in order for Act 10 to take effect.Legislative Reference Bureau memo to Rep. Peter Barca (.pdf)
Seems to me it would have been easier just to call what the Legislative Reference Bureau did "printing" instead of "publishing" (subchapter headings aren't law, but they're a good guide). On the other hand, the LRB doesn't want to change the words of the statutes because they're straight arrows, and rightly so. Changing the words of the statutes is what the courts (and insolent bloggers) get to do.
eta 02 — A bit more here and here. And also here, which comes complete with a local wing-nut round-up and the inspired jape,
What Republicans do best: Turning an end around run into running into their own rounded rear ends.Priceless, and funny 'cause it's true.
Much more here also.