Like them or not, our courts exist for a reason — to resolve legal disputes. That's what was in the works when [Wisconsin Republican Senate leader Scott] Fitzgerald jumped the gun and tried to do an end run around the judicial process.True dat. The author, Atty. Richard A. Ginkowski, is a conservative Republican and an assistant DA in Kenosha County, Wisconsin.
And, from Marquette professor of law Ed Fallone:
[Wis. Stat. § 35.095] deals with the LRB's job to print and make available copies of the laws. . . . Attempting to bypass the constitution's requirement of official publication is an unconstitutional action.Section 35.095's popular name is the Kinko's amendment.
Nowadays it's news when Big Fitz is not violating the constitution.
I strongly suspect these means are actually part of the ends.
ReplyDeleteGnarl, you mean to imply they'd use this trick again, just to gain a few days?
ReplyDeleteIt's broader than that. I think they engage in this recklessness is to undermine the legitimacy of rules and norms, which they consider to be nothing more than roadblocks built up by their ideological enemies.
ReplyDeleteI also think one can read the subtext of everything Republicans say or do these days as an attempt to brand libruls. In this case the message is something like "how dare you thwart the Will of the People with your casuistry and whiny proceduralism."
I have expanded my analysis here: http://law.marquette.edu/facultyblog/2011/03/28/publish-or-perish-the-budget-bill-is-not-law/
ReplyDeleteI do not see my analysis as differing in any significant way from the analysis previously set forth in this blog.