Wisconsin Protests, Monday, March 28 - Sunday, April 3, 2011 [1]
Submitted by PR Watch Admin [2] on
ZOMBIE WALK AGAINST WALKER - APRIL 2, 2011
BREAKING NEWS: GROUP CALLED "CITIZENS FOR A STRONG AMERICA" OPERATES OUT OF A UPS MAIL DROP BUT RUNS EXPENSIVE ADS IN SUPREME COURT RACE?
Lisa Graves reports for the Center for Media and Democracy:
MADISON--A new special interest group has purchased an expensive TV ad campaign in the Wisconsin Supreme Court race but operates out of a UPS store. The self-named "Citizens for a Strong America [3]" (CSA) advertises its address as "834 Park Avenue #306" in Beaver Dam, Wisconsin, but this address is nothing more than a box at a UPS Store. The TV ad campaign attacks Supreme Court candidate JoAnne Kloppenburg for an ad that was not created by her campaign. The ad CSA is complaining about argues that Supreme Court candidate Justice David Prosser failed to prosecute a priest who young boys said had molested them. (CMD does not endorse or oppose either candidate; CMD reports on front groups, PR campaigns, and spin, with a particular focus on corporate-funded spin.)
Who Are the "Citizens for a Strong America," Besides a Well-Funded Postal Box?
This mysterious group lists no information about its leaders, employees, or funders on its website, citizensforastrongamerica.net. Its website is basically just a brochure. Its contact information is not the kind typically used by a public interest organization; it is just gmail: citizensforastrongamerica@gmail.com. Its phone number, 608-831-2974, rings to a voicemail box, which is full.
The group has filed for an IRS number (27-1204594) for its non-profit status under Section 501(c)(4) of the tax code, but no filings are publicly posted on Guidestar; almost all non-profit groups in existence since 2009 have filed with the IRS and those filings are reprinted by Guidestar. If the group was founded more recently it may be months before records of its overall income and expenditures become available.
CAMPUS CONNECTION: UW-MADISON RELEASING CRONON'S EMAILS
From The Capital Times:
A letter from John Dowling, UW-Madison's senior legal counsel, to the Wisconsin GOP also states: "You should further note that the emails that we have reviewed contain absolutely no evidence of political motivation, contact from individuals outside normal academic channels or inappropriate conduct on the part of Professor Cronon. The university finds his conduct, as evidenced in e-mails, beyond reproach in every respect.
And here is Cronon's take on the release of the emails. He writes: "I could not be more grateful for the thought and care that Biddy Martin and UW-Madison attorneys have put into crafting these responses -- and I am very proud of this university for continuing to defend the great traditions of the Wisconsin Idea and of the "sifting and winnowing" plaque that I discussed in my earlier blog entry (the "sifting and winnowing" section is toward the end)."
Read more. [5]
OUT FOR BLOOD, ZOMBIES PROTEST GOV. SCOTT WALKER AT WISCONSIN CAPITOL
Isthmus, The Daily Page:
Organized on Facebook, the Zombie Walk Against Gov. Walker brought out hundreds of undead with bloody faces, stringy hair, and a commitment to collective bargaining rights. They didn't scare many people as they staggered up State Street, obeying traffic lights and occasionally breaking character to smile at the cheering onlookers.
For weeks, angry signs have flooded Madison to protest Gov. Walker's union-busting budget bill and his cuts to education and health care. After so much earnestness, it was refreshing to see an entire block's worth of black humor:
"I Ate Walker's Brain and I'm Still Hungry!"
"Ghouls for Schools: Educated Brains Taste Better!"
"4 Out of 5 Zombies Recommend Neo-Con Brains"
"Unions Keep Firefighters Undead"
The best line of the afternoon came from a guy with a ghoulish head sprouting out of each shoulder. As he passed mayoral candidate Paul Soglin, the three-headed thing shouted:
"Three votes for Soglin!"
Read more. [6]
WEEKEND SCHEDULE
SATURDAY, APRIL 2, 2011
- 1PM - ZOMBIE WALK AGAINST GOVERNOR WALKER [7]
- 6PM-8PM - PUBLIC ART BY PUBLIC EMPLOYEES [8]
- 7PM-8PM - VIGIL AT CAPITOL BY PRESBYTERIAN FAITH COMMUNITY [9]
SUNDAY, APRIL 3, 2011
- 12PM - FORWARD WISCONSIN ROCK FESTIVAL AT THE BARRYMORE [10]
- 6:30PM-8PM - VOICES OF SOLIDARITY [11]
- 7PM-8PM - VIGIL AT CAPITOL BY METHODIST FAITH COMMUNITY [12]
WALKER CORONATION
5:15 p.m. - Mary Bottari reports:
On this April Fools Day 2011, a motley crew of clowns and jesters made their way to the state capitol building to present Governor Scott Walker with his crown and scepter.
First, the crew stopped in the Capitol Rotunda to take up a collection for "one of our own who was suffering in these tough times," Congressman Sean Duffy, who this week complained to constituents [13] about how hard it was to make ends meet on a Congressperson's salary of $174,000. After many pennies were tossed into the hat, the crew moved to the Governor's wing.
The crew politely asked Capitol Police to fetch a minion and were greeted by one of the Governor's aides who stood with solemnity befitting the occasion as they read their proclamation: "Because the Governor has decided not to unify but to divide, not to abide by the rule of law, but to do as he pleases, we now therefor and henceforth proclaim Scott Walker -- King of the Fools!" The aide did take the proclamation back to the Governor, but sadly, left behind the crown and scepter.
ANOTHER SUIT CHALLENGES WALKER'S UNION-BUSTING BILL
5:10 p.m. - Brendan Fischer reports:
Three labor unions representing City of Madison employees are the latest to file suit challenging Gov. Scott Walker's union-busting bill ("Act 10"). Laborers Local 236, Firefighters Local 311, AFSCME Local 60 and Laborer's Union member Jamie O'Brien brought suit against Walker and the State of Wisconsin, alleging Act 10 "impermissibly infringes" on employees' constitutional rights of equal protection under the law and freedom of speech and association. In particular, by making it more difficult to collect union dues that can be spent on political activities, the unions allege Act 10 would violate their right to express their views in concert with one another, and to petition their state and local governments regarding matters of mutual concern.
UW-MADISON CHANCELLOR BIDDY MARTIN HAS ISSUED A STATEMENT IN RESPONSE TO OPEN RECORDS REQUEST
CHANCELLOR'S MESSAGE ON ACADEMIC FREEDOM AND OPEN RECORDS
Members of the campus community,
Two weeks ago UW-Madison received an open records request from Stephan Thompson, deputy executive director of the state's Republican Party, for email records of Professor Bill Cronon.
Professor Cronon is the Frederick Jackson Turner and Vilas Research Professor of History, Geography and Environmental Studies at UW-Madison. He is one of the university's most celebrated and respected scholars, teachers, mentors and citizens. I am proud to call him a colleague.
The implications of this case go beyond Bill Cronon. When Mr. Thompson made his request, he was exercising his right under Wisconsin's public records law both to make such a request and to make it without stating his motive. Neither the request nor the absence of a stated motive seemed particularly unusual. We frequently receive public records requests with apparently political motives, from both the left and the right, and every position in between. I announced that the university would comply with the law and, as we do in all cases, apply the kind of balancing test that the law allows, taking such things as the rights to privacy and free expression into account. We have done that analysis and will release the records later today that we believe are in compliance with state law.
WISCONSIN SUPREME COURT CASE HEARING COVERAGE
The Wisconsin Supreme Court hearing is being live-streamed at Wisconsin Eye. [15] and live-tweeted at ACLU - Madison! [16]
STEPHEN COLBERT THROWS TEMPER TANTRUM OVER SUMI'S BLOCKAGE OF LAW
4:00 p.m. - Jennifer Page reports:
Justice Maryanne Sumi ruled that the temporary restraining order would stand until the absent legislative defendants advise their counsel to continue without them, they for forgo their legislative immunity or until their immunity runs out. The afternoon was filled with testimony by Dane County, Wisconsin citizens who were at the capitol building on March 9th, trying to attend the Joint Conference Committee. Grant Sovern and Brian Gleason, both Madison attorneys, testified that they both attempted to enter the one open entrance of the capitol that night. "I felt things weren't safe because there was so many people wanting to get in at one door," said Sovern. Gleason said he saw police lined up shoulder-to-shoulder to block the entrance of the Senate parlor, where the meeting was being held.
Tim Gehrke was next on the stand. He was admitted into the Senate Gallery with 23 others to observe the Senate vote, not the JCC. His friend texted him that security was locking the door, saying the gallery was full, which it was not. Last on the stand was Brendan Fischer, a law student at UW-Madison. He said "This is the first time in my lifetime that something in my state has had such national and international attention." He wasn't admitted into any entrance either.
Sumi than heard evidence that the bill was not published in the official state newspaper, The Wisconsin State Journal, which the state constitution requires for a bill to become law. Therefore, "the temporary restraining order remains in affect until further order of the court. I have heard nothing that would cause me to vacate or modify the ruling." A date for the continuation of the hearing is to be announced.
3:00 p.m. - Jennifer Page reports:
At the close of testimony, Justice Maryanne Sumi ruled that the temporary order halting Governor Walker's union-busting bill from becoming law will stand at least until the four Republican legislative defendants submit to lawsuit or until their immunity runs out. According to Judge Sumi, the injunction hearing is not concluded until the defendants present their case, and the temporary injunction will not be lifted (and a final decision entered) until that happens. Defendant Senate Majority Leader Scott Fitzgerald and three other GOP lawmakers have claimed immunity from lawsuit, which lasts 15 days after a legislative session ends; the case cannot proceed until 1) their legislative immunity runs out, 2) they decide to waive that immunity, or 3) they advise their counsel to proceed without their appearance in front of the court. This means the union-busting bill could be enjoined from becoming law for two months or more--the legislature is back in session April 5, and Fitzgerald et. al. can continue asserting immunity for 15 days after that session ends.
Judge Sumi has also asked for briefing on three issues: 1) whether legislative immunity applies not only to immunity from damages, but also immunity from declaratory or injunctive relief, 2) the circumstances under which a judgment can be issued even if parties are inaccessible, and 3) whether time limits on entering relief toll during the period this case is on hold. The final set of briefs from all parties is due May 23, although judgment could be entered sooner if defendants waive immunity or instruct counsel to proceed in their absence. The situation may also change if the Wisconsin Supreme Court accepts the Attorney General's appeal.
Finally, as has been the case since the beginning, the legislature can always reconvene, issue proper notice, and re-vote. But with Republicans facing a very real recall threat, and the prospect of hundreds of thousands of protestors once again filling the capitol in protest of a properly-noticed second vote, it appears unlikely that this will happen. In the meantime, bill opponents will claim victory, and Fitzwalkerstan will plan its next move.
2:00 p.m. - Jennifer Page reports:
The afternoon was filled with testimony by Dane County, Wisconsin citizens who were at the capitol building on March 9th, trying to attend the Joint Conference Committee. Grant Sovern and Brian Gleason, both Madison attorneys, testified that they both attempted to enter the one open entrance of the capitol that night.
"I felt things weren't safe because there was so many people wanting to get in at one door," said Sovern. Gleason said he saw police lined up shoulder-to-shoulder to block the entrance of the Senate parlor, where the meeting was being held.
Tim Gehrke was next on the stand. He was admitted into the Senate Gallery with 23 others to observe the Senate vote, not the JCC. His friend texted him that security was locking the door, saying the gallery was full, which it was not.
Last on the stand was Brendan Fischer, a law student at UW-Madison. He said "This is the first time in my lifetime that something in my state has had such national and international attention." He wasn't admitted into any entrance either.
Sumi than heard evidence that the bill was not published in the official state newspaper, The Wisconsin State Journal, which the state constitution requires for a bill to become law. Therefore, "the temporary restraining order remains in affect until further order of the court. I have heard nothing that would cause me to vacate or modify the ruling."
1:00 p.m. - Jennifer Page reports:
Both Edward Blazal, Senate Sargeant at Arms for the State Senate, and Dan Blackdeer of the Wisconsin Capitol Police Department testified in Madison's Open Meetings hearing that there were only 20 member of the public allowed into the Senate parlor for the Conference Committee meeting. Asked "would you agree that far more than 20 members of public wanting to observe?" Blazel responded, "I'd say that's reasonable." Blackdeer also added that there was a line that stretched to State Street of people trying to get in to the one open entrance. Eventually, he added, the King St. entrance was breached by the protesters.
Next was Richard Judge, Chief of Staff for Minority Speaker Peter Barca. He stated that almost 3,000 people signed a petition who felt they were denied public access to the meeting. The petition was entered into evidence after objections by Maria Lazar.
FLYING WI FLAGS ON MONDAY
12:23 p.m. - Update from the WI AFL-CIO
ILWU members in all California ports have committed to fly the Wisconsin flag in their port. This commitment has spread to the Pacific Northwest and to the East coast among ILA members. So far longshoremen in the ports of Charleston, Savannah,Ft. Lauderdale, Mobile, Philadelphia, Bayonne, and possibly Norfolk will be flying Wisconsin flags.
10:30 a.m. - Jennifer Page reports:
The Open Meetings hearing continued today in Madison with testimony by the Senate Chief Clerk and Director of Operations for the Senate Robert Merchant and Rachel Veum, who also works at the Clerk's Office. Both witnesses were there to establish if 2 hours was given to members of the Conference Committee prior to the start of the meeting. It was established that the Senate Chief Clerk's office sent out an e-mail about the meeting at 4:18 p.m. to legislature members on March 7th and 4:24 p.m. to the Wheeler Report.com. But, the time the actual notice was posted has not been established. This is a key piece of evidence, as the meeting was slated to start at 6 p.m.
Marchant today, noticeably uncomfortable on the witness stand, contradicted an earlier email that was widely circulated in the press [17] in which he which stated he believed that "in special session, under Senate Rule 93, no advance notice is required other than posting on the legislative bulletin board. Despite this rule, it was decided to provide a 2 hour notice by posting on the bulletin board." Today, as he was cross-examined by Maria Lazar, he amended that statement, saying that "It is not possible to say with 100 percent certainty that 2 hours notice was given."
Justice Maryanne Sumi also said that she is not prepared to "brush aside" the immunity that Senate Majority Leader Scott Fitzgerald and his brother Assembly Speaker Jeff Fitzgerald may have as legislature members when pushed by District of Attorney Ozanne that they were served papers and wants them to testify.
NEWS ROUNDUP, FRIDAY, APRIL 1, 2011
SARAH PALIN ENDORSES PROSSER
Milwaukee Journal Sentinel, All Politics Blog:
Former Alaska Gov. Sarah Palin sent out a Tweet on Friday morning endorsing Justice David Prosser for re-election to the Wisconsin Supreme Court.
Prosser faces Asst. Attorney General JoAnne Kloppenburg in Tuesday's election.
Read more. [18]
WANGGAARD WANTS PROBE OF UNION LETTERS CAMPAIGN
Milwaukee Journal Sentinel, All Politics Blog:
Sen. Van Wanggaard (R-Racine) has asked three separate prosecuting attorneys to investigate a union-led campaign in which businesses have been asked to post signs supporting workers' rights.
A letter campaign by members of the Wisconsin State Employees Union, AFSCME Council 24, has gone to an undetermined number of businesses in southeast Wisconsin, warning that they will face a boycott if they don't support collective bargaining for public employee unions.
Read more. [19]
KAPANKE RECALL CAMPAIGN TO DELIVER SIGNATURES FRIDAY
Milwaukee Journal Sentinel, All Politics Blog:
People working on the recall of state Sen. Dan Kapanke (R-La Crosse) have gathered enough signatures to force a recall election, the state Democratic Party says.
And they did it in just half the time allotted for gathering signatures -- a performance that attests to the energy of some of the recall efforts going on throughout the state. ...
Democrats have scheduled a rally at La Crosse City Hall for noon Friday, and say the signatures will be delivered to the offices of the Government Accountability Board, which oversees elections in the state, at 3:30 p.m.
If the signatures are delivered Friday, the recall organizers would have collected them in just half the time they were allotted. Organizers registered the recall effort on March 2, and had until May 2 to collect the signatures, according to the GAB. ...
After the signatures are delivered, the GAB will have 31 days to validate them. In the first 10 days, Kapanke can challenge any of the signatures on the petitions. If the petitions are found sufficient to call an election, one could be scheduled for the Tuesday of the sixth week after they're found sufficient -- which could come as early as June 7.
Read more. [20]
Milwaukee Journal Sentinel: LUCEY RESIGNS AS HONORARY CO-CHAIR OF PROSSER CAMPAIGN [21]
Prosser has lost the "even-handed impartiality" that is an essential asset for any judge, Lucey said in a statement issued Thursday evening.
GROUPS SEEK EMAILS OF DEMOCRATIC LAWMAKERS: CITIZENS' CORRESPONDENCE WITH LEGISLATORS OVER BUDGET BILL SOUGHT
Milwaukee Journal Sentinel, Politics:
A spokesman for the John K. MacIver Institute for Public Policy said the Wisconsin-based think tank had asked for emails from six Democratic legislators dating from the beginning of the year until now. The spokesman, Brian Fraley, said the group was seeking correspondence related to Gov. Scott Walker's budget-repair bill.
Orville Seymer of the group Citizens for Responsible Government said Thursday that his group asked for emails from five Democratic senators dating from Feb. 17 to March 28.
He said the five were Sens. Chris Larson of Milwaukee; Robert Wirch of Pleasant Prairie; Dave Hansen of Green Bay; James Holperin of Eagle River; and Mark Miller of Monona.
Seymer said the group wanted to see the correspondence residents wrote to the legislators in connection with Walker's bill that would eliminate most collective bargaining for most public employee unions.
Read more. [22]
FEDERAL JUDGE DISMISSES FREE SPEECH CHALLENGES TO CAMPAIGN FUNDING: GROUPS ARGUED AGAINST PROVISION THAT GIVES CANDIDATES EXTRA MONEY IF OUTSIDE SPENDING REACHES THRESHOLD
Milwaukee Journal Sentinel, Politics:
Wisconsin Right to Life, joined by the Wisconsin Center for Economic Prosperity and school choice advocate George Mitchell, had sought an injunction to halt the public financing process for the election. They contend the law violates their free speech rights under the First Amendment.
In a 39-page opinion and order, U.S. District Judge William M. Conley denied the plaintiffs' motions and granted judgment to the defendants, which include the Government Accountability Board, the secretary of state and the district attorneys of Milwaukee and Waukesha counties.
Conley wrote that in light of the state's undeniably compelling interest in avoiding the perception that Supreme Court elections are tainted with an appearance of bias, he was upholding the law.
Wisconsin Right to Life said it intends to appeal immediately for emergency relief in advance of Tuesday's election pitting incumbent Justice David Prosser against Assistant Attorney General JoAnne Kloppenburg.
In a separate order, Conley also dismissed a similar challenge by former Supreme Court candidate Randy Koschnick, who ran unsuccessfully in 2009 with private funding and said he expected to run again.
Read more. [23]
DEMOCRATS: WE HAVE THE SIGNATURES IN KAPANKE RECALL EFFORT
La Cross Tribune:
La Crosse area Democrats say they will file petitions today with enough signatures to trigger a recall election of Sen. Dan Kapanke, one of eight Senate Republicans targeted over votes to curtail collective bargaining rights for public workers. If approved, it would be just the fifth recall election of a Wisconsin legislator.
Recall organizer Pat Scheller said volunteers have gathered more than the 15,588 signatures needed and that they plan to take them to Madison after a noon rally today at La Crosse City Hall.
Read more. [24]
JUDGE RULES THAT WISCONSIN'S UNION LAW ISN'T IN EFFECT: STATE WILL COMPLY, WALKER SAYS; NEXT HEARING IS FRIDAY
Milwaukee Journal Sentinel, Politics:
A state law to sharply curb union bargaining by public employees is not in effect, a Dane County judge ruled Thursday, continuing the turmoil over a measure that sparked massive protests and prompted Democrats to boycott the Senate for three weeks.
Gov. Scott Walker's administration said it would comply with the order by halting its implementation of the law.
Read more. [25]
CROSS PLAINS WOMAN CHARGED WITH SENDING DEATH THREATS TO LAWMAKERS: SIXTEEN REPUBLICANS WERE WARNED THEY, FAMILIES WOULD BE KILLED AFTER VOTE ON UNION MEASURE
Milwaukee Journal Sentinel, Politics:
A 26-year-old woman was charged Thursday with two felony counts and two misdemeanor counts accusing her of making email threats against Wisconsin lawmakers during the height of the battle over Gov. Scott Walker's budget-repair bill.
Katherine R. Windels of Cross Plains was named in a criminal complaint filed in Dane County Circuit Court.
Read more. [26]
REVIEWING THE LEGAL BATTLE SURROUNDING WI'S UNION-BUSTING BILL
CMD's Brendan Fischer reports:
Judge MaryAnn Sumi has once again ordered a halt to further implementation of Governor Walker's union-busting bill, but did not declare whether the Legislative Reference Bureau "publishing" the bill on Friday made it law,* or whether any party is in contempt by arguably violating Sumi's first order. How did we get here, and where are we going?
Read more. [27]
At 8:15am today, March 31, Judge MaryAnn Sumi amended her order [28] from Tuesday to declare that Governor Walker's bill ("Act 10") is not law, despite the Legislative Reference Bureau "publishing" the bill last Friday.
After Tuesday's hearing, Judge Sumi ordered a halt to further implementation of the bill for the second time, but did not declare whether Act 10 is law; the original order [29] included a paragraph declaring that Act 10 is not published and is not in effect, but the judge apparently crossed it out and initialed it.
With today's amended order, the Department of Administration has announced [30] it would comply with the order and halt implementation.
One Wisconsin labor source tells FireDogLake that [31] "it's a sad comment on this administration when their complying with the rule of law comes as a surprise."
NEWS ROUNDUP, THURSDAY, MARCH 31, 2011
WALKER ADMINISTRATION WILL COMPLY WITH JUDGE'S ORDER HALTING COLLECTIVE BARGAINING LAW
Wisconsin State Journal:
The state's new law to dramatically limit collective bargaining for public workers has not been published and is not in effect, a judge said Thursday.
An official in Republican Gov. Scott Walker's administration said he plans to comply with that order and to suspend preparations for deducting money from workers' paychecks.
Dane County Circuit Judge Maryann Sumi ordered at about 8:15 a.m. Thursday that the law "has not been published within the meaning" of Wisconsin statute and "is therefore not in effect."
The judge said she was basing her amended order on testimony at the March 18 hearing as well as testimony and evidence at the March 29 hearing.
Sumi had reiterated on Tuesday her earlier order that Secretary of State Doug La Follette was barred from setting a date to publish the law and said no steps should be taken to implement it. But at Tuesday's hearing, she declined to issue a declaration that the law had not yet been published.
State Department of Administration Secretary Mike Huebsch said Thursday he thinks the law is in full force, but agreed to stop implementing it.
"While I believe the budget repair bill was legally published and is indeed law, given the most recent court action we will suspend the implementation of it at this time," Huebsch said. "DOA will continue to abide by the court orders, like the department has done all throughout this process."
Read more. [32]
WISCONSIN GOVERNOR RELEASES BOND RESTRUCTURING BILL
Reuters:
Wisconsin Governor Scott Walker released on Wednesday bond restructuring and other plans to close a current year budget gap that were cut from a controversial law to curb the powers of public sector unions.
Walker had stripped the restructuring from legislation that reduced collective bargaining and other powers for many public sector unions so the Republican-majority state Senate could approve the measure without Democrats, who had fled the state to stall a vote.
Read more. [33]
OHIO LEGISLATURE PASSES BILL CURBING UNION RIGHTS
Reuters:
Ohio's legislature on Wednesday passed a Republican measure to curb the collective bargaining rights of about 350,000 state employees, and Governor John Kasich said he will sign it into law.
Its passage marks another success for Republicans who are pursuing measures in several states to limit the rights of public-sector unions. Unions are a key constituency of the Democratic Party.
The bill, which also bans strikes by unions for public employees, was approved in the Ohio Senate late on Wednesday following its passage in the state House of Representatives earlier in the day.
Kasich, a Republican, did not indicate when he would sign the bill but he is expected to do so by Friday. When the bill is enacted, Ohio would become the most populous U.S. state this year to impose sweeping collective bargaining curbs on public sector unions.
Read more. [34]
WISCONSIN'S PROFESSORS UNIONIZE IN DEFIANCE OF WALKER'S LAW
Bloomberg:
Lisa Theo cast her vote yesterday to join a union that may not be able to negotiate a contract for her and said, "That felt good."
Theo, 51, a geography instructor, and her University of Wisconsin-Stevens Point colleagues voted in a two-day election to be represented by AFT-Wisconsin after the passage of a law championed by Republican Governor Scott Walker that would eliminate collective bargaining for faculty members.
It was the fourth state campus to vote in favor of representation since Walker introduced the bill Feb. 11, saying it is necessary to mend the recession-battered budget. The measure, which has been challenged in court, touched off weeks of protests. Professors say Republicans are using the budget crisis to attack education with the union bill, by proposing funding cuts and by seeking e-mails sent by a UW-Madison professor who wrote a blog posting and a New York Times opinion piece opposing Walker.
"We're going to stand up for our rights, and we're going to keep fighting until we get them," Theo said in an interview.
Read more. [35]
BIDEN SAYS $33 BILLION IN SPENDING CUTS WEIGHED IN TALKS ON U.S. BUDGET
Bloomberg:
...Vice President Joe Biden announced a potential breakthrough in efforts to avoid a government shutdown. ...
The potential breakthrough in talks was announced late yesterday by Biden as aides from both parties began crafting a proposal with total spending cuts of about $33 billion in the 2011 budget.
The figure, below the $61 billion approved by the Republican-controlled House last month, could lead to a final deal for the fiscal year that ends Sept. 30, Biden said. ...
Biden, following a closed-door meeting last night with Senate Democratic leaders, said no final agreement had been reached on the level of cuts and that many details remain to be worked out.
"There is no reason why, with all that is going on in the world and with the state of the economy, we can't reach an agreement and avoid a government shutdown," the vice president said.
Read more. [36]
WHAT'S THE WORST THING THE KOCH BROTHERS HAVE DONE?
We want your vote on the worst thing the Koch brothers have done to date! Is it oil spills, anti-worker, anti-healthcare, anti-immigration, or maybe you've got a better one? Write it in at Koch Brothers Exposed [37].
FIVE WORST THINGS THE KOCH BROTHERS HAVE DONE. VOTE!
11:00 a.m. - Huffington Post, Robert Greenwald Filmmaker, Brave New Films:
The billionaire Koch brothers have spent hundreds of millions of dollars to gain political influence and change America. Their work and spending is driven by the goal of increasing their own profit through decreasing regulations. The expansive and diverse nature of their efforts makes it overwhelming to keep tabs of all they've done that has caused harm. And that's why Brave New Foundation is going to keep connecting the dots and telling the full story of what they've done to our country.
Our work at Brave New Films has always focused on the best way to tell the full story, to connect all the moving pieces and to highlight how one example of a problem in our democracy is always representative of a larger problem. Our producers did this with Outfoxed, where they exposed the unbalanced propaganda that is Fox News. And they did this with Wal-Mart, where they uncovered the damage done to our country by the high cost of low prices. In Iraq For Sale, they exposed the war profiteering and they were on the frontline of questioning the reasons for war in Rethink Afghanistan. With Sick for Profit, they fought against insurance company greed in the battle for health care. And they worked to stop the History Channel from hosting fiction and smearing President Kennedy.
ATTACK ON WORKERS' RIGHTS CONTINUES IN OHIO
10:22 a.m. - Jennifer Page reports:
Wednesday brought a complete overhaul to Ohio's 30-year collective-bargaining law for unions when it passed in the state's House after two months of heated debate and protests. Passionate, booing protesters were escorted out of the chambers after the bill was voted on and the crowd erupted. The bill, which will be signed in by Republican Governor John Kasich, includes a laundry list of restrictions for unions much like the bill seen in Wisconsin's contentious. New public worker restrictions include: a ban on striking, prohibitions on employers from paying more than 85 percent of workers' health insurance costs and set pay raises based on performance rather than length of service.
Republicans also approved changes to the bill, like restricting public workers from contributing to a political action committee through a payroll deduction and a pay scale based on performance for teachers. A heavily-funded voter referendum effort by Democrats and unions to defeat the bill, a so-called "veto referendum," is expected and citizens may get to vote on the issue November 8th.
CMD REPORTS: WISCONSIN GOVERNOR DEFIES COURT, PREPARES FOR CORONATION
10:00 a.m. - Mary Bottari reports for CMD:
Wisconsin continues to spin out of control and a constitutional crisis looms as a judge this week again ordered Walker's administration to halt implementation of his bill stripping Wisconsin public workers of collective bargaining rights. Walker's team moved to publish the law in defiance of the court order last Friday night and began implementation of the bill on Saturday. These actions prompted an irate judge this week to clarify her previous standing order, making it "crystal clear" that "further implementation of the Act is enjoined."
The response from the Imperial Walker administration? Go to hell. In a statement released late yesterday, Walker's Department of Administration pledged to defy the court order and move toward implementation under their own interpretation of the law.
Read more here. [39]
DEPT. OF ADMINISTRATION: SECRETARY HUEBSCH STATEMENT ON IMPLEMENTATION OF 2011 WISCONSIN ACT 10
WisPolitics.com:
Wisconsin Department of Administration Secretary Mike Huebsch today released the following statement regarding the implementation of the budget repair bill:
"I have a legal obligation to execute all laws pertaining to my department that have been passed by both houses of the legislature, signed by the Governor, and published into law. The Department of Justice has concluded that 2011 Wisconsin Act 10 has met those requirements and is now effective law. My legal counsel agrees with the Department of Justice's legal reasoning and conclusions. Accordingly, it is my duty to administer that law.
"On the other hand, Judge Sumi made clear in comments from the bench yesterday that she intended to prevent further implementation of Act 10 by anyone including, apparently, non-parties such as myself and the Department of Administration. Yet, the TRO she issued fails to state that Act 10 is not in effect. In fact, Judge Sumi declined a request to declare that Act 10 was not lawfully published. It is unclear how she can issue an order binding non-parties to a case who have not had their day in court.
"Because of the questions this TRO raises, its legal effect on my implementation of Act 10 is also unclear. DOA will continue to monitor court proceedings and work with legal counsel and the Department of Justice to determine an appropriate course of action."
Read statement here. [40]
SCHEDULE FOR THURSDAY, MARCH 31, 2011
- 12PM-1PM - SOLIDARITY SING-A-LONG [41] (Sponsored by Wisconsin Network for Peace and Justice)
- 12PM-1:30PM - OSHKOSH WCCF BRING YOUR BROWN BAG LUNCH AND TALK BUDGET [42]
- 12:30PM - A NEW GLOBAL STRUGGLE--FROM CAIRO TO MADISON [43]
- 7PM-8PM - VIGIL AT CAPITOL BY PRESBYTERIAN FAITH COMMUNITY [44]
ASO PROTESTS ON LIBRARY MALL
7:00 p.m. - Summer Abdoh reports:
The Autonomous Solidarity Organization (ASO) held a rally on Library Mall Wednesday evening for worker's rights and to endorse Assistant Attorney General JoAnne Kloppenburg for Supreme Court.
Assembly Minority Leader Peter Barca, (D-Kenosha), Rep. Corey Mason, (D-Racine), Capital Times Associate Editor and Nation Magazine correspondent John Nichols and Sen. Lena Taylor (D-Milwaukee) were just a few of the speakers.
The speakers incorporated over 150 years of Wisconsin's political history and student involvement in setting the standards for worker and civil rights. If Walker's bill becomes law, it would undo almost fifty years of public worker's rights in Wisconsin.
The connection between Madison's Capitol Square and the University has a deep history, said Nichols. Young men from every county in Wisconsin served in the Iron Brigade, an infantry known for discipline and also the highest causalities fighting against southern slave owners. Moreover, the 1911 session of the Wisconsin Legislature set the grounding for the New Deal and UW-Madison students were amongst the first Freedom Riders who went to America's south during the Civil Rights Movement.
These standards set by WI are at stake, said Corey Mason, and voting "is about sending a message that people are paying attention and we are going to start holding Gov. Walker accountable on April 5." "There is one thing they cannot take away from us," said Nichols. "It is our most powerful tool and it has always been our most powerful tool, and that is our vote."
While the state Supreme Court race was central to Wednesday's rally, the protests and recall efforts were also discussed. Sen. Lena Taylor told the crowd that, like her favorite candy Now-and-Laters, Republican Senators who ignored weeks of record-breaking protests and broke the law to pass the Budget Repair Bill "will hear us NOW, or deal with us LATER! Get ready for recalls!"
PROTESTERS SHOW UP EN FORCE AT JANESVILLE WALKER SPEECH
2:30 p.m. - Jennifer Page reports:
Demonstration organizers estimate around 1,000 protesters showed up with signs and drums on March 29th and marched around the Janesville Holiday Inn, where Wisconsin Governor Scott Walker was speaking. Walker was in Janesville speaking to area business leaders at the annual Forward Janesville dinner. While inside, the protesters marched outside of the taped-off parking lot as police and camera crews looked on. Said one protestor to Channel3000.com [45] about why he was there: "I'm a non-union member but I'm a worker. I've been working all my life and I'm tired of seeing the poor people and the middle class people pay all the bills. It's about time the rich people pay some bills," said protester Joe Hyams.
GOP GETS NASTY WITH JUDGE SUMI, AFTER WEEKS OF RESEARCH, THEIR ONLY CRITICISM IS THAT SHE LIVES IN DANE COUNTY
RPDC Apologizes To Judge Sumi
Republican Party of Dane County:
The Republican Party of Dane County sent out a press release on March 29th criticizing Judge Maryann Sumi for holding up the publication of Governor Scott Walker's collective bargaining reform bill. Upon further reflection we'd like to apologize for not understanding her point of view.
Sure, Governor Walker's bill is unquestionably constitutional, increases worker's rights and helps local government balance budgets without having to fire public workers. The Wisconsin state legislature consulted with their non-partisan parliamentarian to make sure that the passage of the bill followed the rules of the Senate and Assembly. But this isn't about the law, is it?
The Republican Party of Dane County recognizes that Judge Sumi is a leftist living in Dane County. Her friends are leftists living in Dane County. Her son is a left wing activist in Dane County. She goes to cocktail parties held by leftists in Dane County. She shops at organic gourmet food shops run by leftists living in Dane County. If she were to enforce the law of Wisconsin and do what was in the best interest of the people of Wisconsin, she'd be exiled from her lifestyle. She'd lose her friends!
The leadership of the Republican Party of Dane County have all made the choice to stand against the Dane County elite. We accept that Left feels righteous vandalizing our homes and keying our cars. It's only fair. We disagree based upon logic and principle. That is intolerable! We prioritize the Constitution and the well being of the people of Wisconsin over foie gras at cocktail parties. That's the choice we made. We respect Judge Sumi's decision to live her life with the rich diversity that liberals cherish.
Read statement here. [46]
SCHEDULE FOR WEDNESDAY, MARCH 30, 2011
- 9AM-4:30PM - STATE LOBBY DAY: WISCONSIN NETWORK FOR IMMIGRANT AND REFUGEE RIGHTS [47] (Sponsored by V.O.C.E.S. Statewide Organizer)
- 12PM-1PM - SOLIDARITY SING-A-LONG [48] (Sponsored by Wisconsin Network for Peace and Justice)
- 5PM-7PM - RALLY TO PROTECT THE UW & WISCONSIN WORKERS [49] at Library Mall
- 6PM-8PM - TALK: ROLE OF ORGANIZED LABOR IN A DEMOCRACY [50]
- 6:30PM-8PM - VIGIL AT CAPITOL BY EPISCOPAL FAITH COMMUNITY [51] (Sponsored by Interfaith Coalition for Worker Justice (ICWJ) and Madison Urban Ministry (MUM))
RACHEL MADDOW: WISCONSIN GOVERNOR GOES ROGUE TO FORCE ANTI-UNION BILLS [52]
NEWS ROUNDUP, WEDNESDAY, MARCH 30, 2011
STATE SEEKS MONEY FOR HIAWATHA UPGRADE
Milwaukee Journal Sentinel, Newswatch:
Less than four months after losing nearly all of an $810 million grant, Wisconsin is again seeking federal high-speed rail money - this time to upgrade the existing Milwaukee-to-Chicago passenger line. Gov. Scott Walker's administration announced Tuesday that the state will seek at least $150 million to add equipment and facilities for Amtrak's Hiawatha line.
Read more. [53]
JUDGE AGAIN BLOCKS GOP COLLECTIVE-BARGAINING PLAN: BUT VAN HOLLEN ASSISTANT SAYS LAW IS IN EFFECT
Milwaukee Journal Sentinel, Politics:
For the second time in less than two weeks, a Dane County judge Tuesday issued an order blocking the implementation of Gov. Scott Walker's plan to curb collective bargaining for public workers.
Dane County Judge Maryann Sumi said that her original restraining order issued earlier this month was clear in saying no steps should be taken to advance the law. The GOP governor's administration did so after the bill was published Friday by a state agency not named in Sumi's earlier temporary restraining order.
"Further implementation of the act is enjoined," Sumi said.
"Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear."
Read more. [54]
Milwaukee Journal Sentinel: JUDGE ORDERS STATE TO HIRE SEPARATE ATTORNEY FOR LA FOLLETTE [55]
A Dane County judge said Tuesday she is concerned the Department of Justice has a conflict in representing Secretary of State Doug La Follette and must provide him with independent counsel.
STATE'S OUTSOURCING COST-BENEFIT LAW TARGETED: DOYLE ADMINISTRATION HAD SOUGHT REPEAL OF RULE REQUIRING ANALYSES
Milwaukee Journal Sentinel, Politics:
Gov. Scott Walker's budget proposal would eliminate a law requiring state agencies to study the costs and benefits of outsourcing work.
That provision and others in the GOP governor's 2011-'13 budget drew questions from both Republicans and Democrats at a briefing Tuesday before the Legislature's budget-writing committee.
Read more. [56]
OUTSIDE FACTORS COULD AFFECT WISCONSIN'S SUPREME COURT RACE
Milwaukee Journal Sentinel:
As a case study in how circumstance and timing can dictate an election, it's hard to top the April 5 Supreme Court contest in Wisconsin.
There was a time when Justice David Prosser was expected to coast to re-election.
But consider these three factors shaping the race:
Read more. [57]
PROSSER TOUTS RULINGS BENEFICIAL TO COUNTY: KLOPPENBURG CALLS STATEMENTS INAPPROPRIATE FOR A JUDICIAL CONTEST.
Milwaukee Journal Sentinel, Newswatch:
Speaking to the Rotary Club of Milwaukee on Tuesday, Justice David Prosser highlighted several of his decisions that he said had benefited Milwaukee County businesses and taxpayers.
His opponent, Assistant Attorney General JoAnne Kloppenburg, called such statements inappropriate for a judicial contest.
Read more. [58]
SCOTT FITZGERALD ADMITS IT'S ALL ABOUT UNION BUSTING: "WE'VE BROKEN THE POWER OF UNIONS"
While Governor Scot Walker says its all about the budget and is not about union-busting, Senator Fitzgerald slipped up by speaking the truth in a fundraising letter to the GOP faithful.
SCOTT FITZGERALD: WE'VE BROKEN THE POWER OF UNIONS
Milwaukee Journal Sentinel, All Politics Blog:
In a fundraising letter, Senate Majority Leader Scott Fitzgerald (R-Juneau) writes that government employee unions have "ruined California and Illinois, but they're not going to ruin Wisconsin.
"That is because Republicans faced down Big Labor's bully tactics and a Democratic walk-out in the state Senate to break the power of unions like WEAC and AFSCME once and for all," Fitzgerald said in his letter.
Fitzgerald says in his letter that union supporters picketed his home "to intimidate and scare my family. They packed the State Capitol with raging mobs of union protesters - many from other states - who had been worked into a frenzy by union leaders. They even made death threats against those of us who stood up to their political clout."
Fitzgerald said that he expected a recall effort would be launched against him in a year. "I must be prepared to deal with this possibility."
Read more. [59]
SCHEDULE FOR TUESDAY, MARCH 29, 2011
- 8AM - 11AM - PACK THE DANE COUNTY COURTHOUSE -CALL TO ACTION [60]
- 4PM - 9PM - FORWARD JANESVILLE DINNER PROTEST [61]
- 7-8:00PM - A CORPORATION RUNNING FOR CONGRESS: THE STORY OF MURRAY HILL, INC. [62]
JUDGE HALTS FURTHER IMPLEMENTATION OF UNION BUSTING BILL
4:30 p.m. - Jennifer Page reports:
Key ruling: At the end of the day, Sumi blocked the state from further implementing Gov. Scott Walker's collective bargaining bill. This weekend the DOA moved to stop the withholding of union dues as it has in the past, and began to charge state workers move for their benefits arguing that the law was in effect as of Saturday. "Further implementation of the act is enjoined," said Sumi. She noted her original restraining order issued earlier this month was clear in saying that the state should not proceed with implementing the law. "Apparently that language was either misunderstood or ignored, but what I said was the further implementation of Act 10 was enjoined. That is what I now want to make crystal clear," she said.
Wisconsin Secretary of State Doug LaFollette was front-and-center today in court as his request to have the Department of Justice, headed by Maria Lazar, be removed as his counsel was argued. Dane County Circuit Judge Maryann Sumi granted the request after declaring the DOJ had a conflict of interest with their defendant's (LaFollette) personal views. LaFollette picked Roger Sage to represent him. Lazar's team agreed, stating that "We represent the State of Wisconsin's interests. Advancing his interests as sees them - we see that separately from the State's interests." The court has yet to determine who pays for LaFollette's attorney charges.
Next on the witness stand was Robert Lang, the Director of the Wisconsin Fiscal Bureau of Wisconsin. He summarized the day he was asked to remove the fiscal items out of the Budget Repair Bill on March 7th for the Conference Committee and was advised by Senate Majority Leader Scott Fitzgerald and his brother Assembly Speaker Jeff Fitzgerald.
And last on the witness stand was State Representative Peter Barca, the Assembly Minority Leader. He stated that he was early to the Conference Committee the night of the Senate vote saying, "They've started meetings without Democrats in the past, so I wanted to get there early." District Attorney Ozanne showed the Wisconsin Eye video of the meeting, which Barca, who is a defendant, insists violates Wisconsin's Open Meetings Law. The hearing will continue Friday.
ACLU Madison is live-tweeting [16] from Judge Sumi's court room.
LRB, WHICH PUBLISHED THE LAW, IN HOT SEAT
2:00 p.m. - Mary Bottari reports:
In the late morning, Steve Miller the director of the Legislative Reference Bureau (LRB) was raked over the coals by numerous lawyers. The understated LRB chief remained calm as he tried to explain what went down on the March 25th, the day the LRB decided to weigh-in on the most hotly contested issue in Wisconsin politics. On March 25, the LRB decided to unilaterally publish the collective bargaining law without having been asked to do so by the Secretary of State. No LRB staffer testifying could remember ever having done so before.
To summarize his testimony: Miller said he was called to a meeting with Senator Fitzgerald at 9:30 on Friday. He thought they were going to be discussing another proposal, but instead they discussed the publication of Wisconsin Act 10. In the room were LRB Chief Miller, Deputy Chief Kathleen Hanaman and Senate Chief Clerk Rob Marchant. They were later joined by LRB Jeff Kuesel, [all the LRB staff in the room are attorneys.] Fitzgerald asked the LRB to publish the act. The lawyers examined the three different places in the statutes where publication is referenced.
Miller said, "It looked like we had an independent duty to publish."
Miller admitted that the LRB had never done this before, he knew there was a TRO and that Doug LaFollette had rescinded the publication date he had earlier set (as March 25, 2011). But with this knowledge "I decided we would publish," said Miller taking full responsibility. Miller was asked if Fitzgerald suggested he consult anyone else and said Fitzgerald had mentioned Kevin St. John Deputy Attorney General. Miller did call St. John at about 11:00 that day. "I had already decided to do it, but I thought It might make me feel better" to call St. John. St. John explained that the LRB had a duty to publish and could be subject to a writ of mandamus if they did not. [A writ of mandamus is an order compelling an official to take a particular action.] Miller admitted that the conversation did make him feel better about his decision, but Miller still requested a letter from Fitzgerald asking the LRB to publish [indicating some discomfort.]
Other revelations: When asked "where is it stated in the statutes that LRB is allowed to designate a publication date?" Miller admitted "I don't think I am." He also said he had no plans to publish the law prior to being contacted by Fitzgerald. He also said he did not think the LRB was subject to the TRO issued by Sumi.
MOST IMPORTANTLY, Miller stated he did not think the action from the LRB made the law effective, that the Secretary of State publishing the act in the state's newspaper of record would make the act effective.
THE ROLE OF THE LRB
This is my opinion here: Miller's testimony that he had no plans to publish before being contacted by Fitzerald will indicate to some that he was politically pressured into doing so. Let's hope that is not the case, as the LRB plays a significant bipartisan role and literally cannot function without the trust of the entire legislature and the public. Miller argues that he was presented with a particular reading of the law and agreed with it, but I feel the LRB stumbled by publishing the law so late on a Friday -- giving it the appearance of late night political high-jinks. Although they would argue they were under a deadline, I feel they could have published in the light of day; they could have alerted the court or the public; at a minimum they could have issued a press statement at the same time that would have clarified issues rather than making a statement through an unusual memo pieced together by Rep. Peter Barca. There is no doubt that the role of the LRB in this whole case will be carefully scrutinized by many parties.
CRITICAL COURT CASE GETS UNDERWAY
10:30 a.m. - Mary Bottari reports:
Judge Sumi's court room was packed this morning as was the overflow room on the lower level. The case got underway with brief opening arguments from the DA and lengthy opening arguments from the DOJ. The DOJ was represented by Maria Lazar who argued that the thresh-hold question was whether or not this court had jurisdiction over the original five defendants. She says, "We contend that the court does not have jurisdiction based on legislative immunity and sovereign immunity." Lazar argued that in reality the only four defendants charged with violating the open meetings law were not present and were therefore being asked to either surrender their immunity or surrender their due process.
In talking about the Senate vote, Lazar said that "everyone knew about it, everyone had notice of this." Her statement prompted Judge Sumi to respond "I am going to interrupt here; that is really what we are going to hear testimony on today." And then the case got underway.
A Legislative Reference Bureau employee took the stand and was asked about the publication of the bill on last Friday night. The DA office asked: "You have been at the Legislative Reference Bureau 17 years. Have you ever seen a law published without the Secretary of State?" to which the Legislative Reference Bureau employee responded that nothing like this had ever happened before, and "this is uncharted territory."
As questions proceeded on how the Legislative Reference Bureau does its job and what the role of the Secretary of State is, Secretary of State Doug LaFollete, who was in the room, was visibly upset. At one point, Judge Sumi interjected that it was becoming abundantly clear to her that the interest of the DOJ, who was representing LaFollette, were not the same interests as those of the Secretary of State.
She addressed LaFollete directly who told the court that he wanted the opportunity to clarify the process that he had been working on for over 30 years. Judge Sumi then asked the AG office whether they would make provisions to give the Secretary of State independent counsel. Lazar said that would have to be a DOJ decision or a gubernatorial appointment, and the matter was left unresolved.
It was clear that Judge Sumi was sympathetic to LaFollette's argument that he wanted to testify to explain how the publication of a law is conducted.
A CMD SPECIAL REPORT: WHO ARE THE HEADLINERS AT KOCH-FUNDED AFP CONVENTIONS?
CMD's Lisa Graves reports:
In the midst of the controversy of Wisconsin Governor Scott Walker's ties to David Koch and Koch Industries, the Center for Media and Democracy has conducted an analysis of the headliners at Koch-funded "Americans for Prosperity" (AFP) conventions in the state in the past two years. The events featured select candidates who were running for office, including gubernatorial candidate Scott Walker, Attorney General candidate J.B. Van Hollen, judicial candidate David T. Prosser, Jr., and Congressman James Sensenbrenner. The AFP events also featured an array of national speakers who have supported AFP and its "Tea Party" related activities.
Read more. [63]
IS YOUR UNDERWEAR UNDERMINING YOUR VALUES? WHAT IS JOCKEY'S CEO DOING AT A TEA PARTIERS' CONVENTION AND WITH DAVID KOCH?
CMD's Lisa Graves reports:
Is your underwear undermining your values? The new scrutiny of CEOs that has been ignited by the historic Wisconsin labor protests has turned up concerns close to home, very close to home--for the vast majority of people who wear underwear. To take a page from the ubiquitous Capitol One ad campaign, what's in your blue jeans? Is your underwear choice unwittingly paying the salary of a CEO who shares your values or who actively works against them?
NEWS ROUNDUP, TUESDAY, MARCH 29, 2011
COURT DECLINES TO ALLOW APPEAL TO BE WITHDRAWN
Milwaukee Journal Sentinel, All Politics Blog:
A state court refused Tuesday to allow Attorney General J.B. Van Hollen to withdraw an appeal over a controversial collective bargaining law.
Van Hollen last week appealed a decision by a Dane County judge enjoining Secretary of State Doug La Follette from publishing the law. An appeals court said the matter should be taken up by the state Supreme Court, but the high court has not yet said whether it would take it.
Read more. [65]
Milwaukee Journal Sentinel: STATE PATROL SECURITY COSTS AT CAPITOL REACH $2.23 MILLION [66]
It cost at least $2.23 million to bring Wisconsin State Patrol officers to the state Capitol to provide security during weeks of protest, bringing the total security bill to nearly $5.5 million.
TOP WATER REGULATOR LEAVES DNR
Milwaukee Journal Sentinel:
Bruce Baker, a veteran water regulator with the Wisconsin Department of Natural Resources, has resigned from the agency. ...
In recent weeks, Baker defended a roll back of phosphorus standards proposed by Walker. ...
Read more. [67]
SUPREME COURT CASE ON CAMPAIGN FINANCING COULD AFFECT WISCONSIN JUDICIAL RACES
Milwaukee Journal Sentinel, Newswatch:
The issue before the court is not public financing itself, but whether it's constitutional to give publicly financed candidates additional "matching" public funds when their privately financed opponents outspend them.
A lawyer for opponents to Arizona's public financing system told the U.S. Supreme Court Monday that it violates the free speech rights of candidates and independent groups when "each time they speak … the more their opponents benefit."
Defenders of the law argue that it produces more political speech, not less. They say public financing is a way to reduce corruption, and the law is written the way it is in order to make public financing a realistic option for candidates.
Read more. [68]
COURT RIVALS SPAR OVER STATE CONSTITUTION: PROSSER, KLOPPENBURG DIFFER ON USING STATE DOCUMENT TO EXPAND BILL OF RIGHTS
Milwaukee Journal Sentinel, Politics:
The candidates running for a 10-year term on the state Supreme Court expressed differing views on the state constitution Monday, with the incumbent saying he was suspicious of efforts to use the document to grant rights not in the U.S. Constitution.
"It seems to me those who would like to have a more powerful court ... love to look to the Wisconsin Constitution as a place where they depart from the federal Bill of Rights," said Justice David Prosser. "I think that's extremely dangerous. First of all, it creates confusion. I think that power can be tremendously abused and I simply do not favor it."
His opponent, Assistant Attorney General JoAnne Kloppenburg, said the two constitutions often overlap but must be evaluated independently.
"The federal constitution is a floor, not a ceiling," she said.
Read more. [69]
THE BOYS WHO CRIED WALKER
Jennifer Page reports:
The Sargent boys and their home-painted sign have become a new and unexpected illustration of the Freedom of Speech debate between Scott Walker and some of the tireless protesters still frequenting Wisconsin's capitol. On March 27, 2011, the Sargent family went to the Capitol to show their support of workers rights' with a sign saying "Solidarity Forever" that was painted by the two oldest boys. Things took an unfortunate turn when the boys hung the sign over the second-floor railing, catching the attention of police officers. Gov. Walker and the Department of Administration have made it illegal to protest outside of a designated "protest area" inside of the Capitol, which many think go against Wisconsin's constitution. After a conversation between the officers and the parents, the final decision was left to the boys. Will you take down you sign and go to the protest area? They said no and the family was escorted to the police station and slapped with a $205.50 fine.
This isn't the first time Wisconsin citizens have been restricted from entering their own state house. The limitations started at the end of February when Walker and the DOA closed the capitol [70] for cleaning overnight. The building remained off-limits until a hearing March 1st where Judge Daniel Moeser issued a temporary restraining order to reopen the Capitol building. The order said the building must be open to the public during business hours and when "governmental matters, such as hearings, listening sessions, or court arguments are being conducted." This returned the capitol access and rules to a January 2010 ruling, limited access to the capitol to two entrances with security checkpoints and designating a protest area. But, there are no rules about a designated protest area in those 2010 rules that are supposed to still be in place. The capitol access rules continue to violate the court order and this matter is still being adjudicated in the Dane County courts.
The video of the Sargents' stand has been circulating the Web and causing a debate about whether it was appropriate for the parents to allow the boys to make the decision themselves. Both parents are involved in state government and have been very involved in the protests. Solidarity Wisconsin [71] says that Justin, the father, is an aide for Senator Chris Larson and the mother, Melissa, is a small business owner and a Dane County Supervisor. But as Melissa told Solidarity Wisconsin, her sons where following examples of people they had learned about in their social sciences class, not succumbing to the pressure of radical parents: "Even though they're not old enough to vote, they still have their voices and they have the right to use their voices in positive ways." If nothing else, the Sargent family shows that Walker and his administration are going far beyond budget cut and union rights debates and into the realm of civil liberties. The extreme tactic of something seemingly small - dictating when and where citizens are allowed to protest and gather in their own state capitol - is just another way that Walker is violating the constitution and controlling his constituents in ways they never imagined.
MOM CITED WHEN HER TWO CHILDREN HOLD A SIGN IN THE WISCONSIN CAPITOL
ODD WISCONSIN: SEN. MCCARTHY'S OUSTER BEGAN WITH SMALL-TOWN NEWSPAPER EDITOR
Wisconsin State Journal:
Last week's New York Times op-ed piece by UW-Madison professor William Cronon was one of several recent articles framing current politics against the McCarthy era. One thing the two periods have in common is that 60 years ago our most famous senator inspired a recall drive like the ones underway now.
The recall campaign against Sen. Joseph McCarthy in 1954, however, was not launched by demonstrations in the streets, big labor unions, the Democratic Party, or university students. Instead, a small-town newspaper editor named Leroy Gore got the ball rolling.
Read more. [72]
DID THIS BILL JUST BECOME LAW, UPDATES FROM FITZWALKERSTAN
UPDATE Mar 27:
Secretary of State Douglas LaFollette insists the bill has not yet become law, saying "It's still an act of the Legislature that has not yet become law because I have not yet designated a publication date." The Secretary of State apparently has an additional publication duty besides designating a publication date-- he directs publication in the official state newspaper, the Wisconsin State Journal (the LRB only "published" on their website). While newspaper publication has not happened, it is unclear whether that is necessary for a bill to become law. Some case law relevant to the appeal [73] of Judge Sumi's decision suggests "publication" can be construed broadly.
Senate Majority Leader Scott Fitzgerald (R-Juneau) stated that the LRB's action alone means "[i]t's published," Fitzgerald said. "It's law. That's what I contend."
Governor Walker's office has only issued a vague statement saying that "the administration will carry out the law as required."
Department of Administration Secretary Mike Huebsch said in a written statement: "Upon the advice of my legal counsel, the Department of Administration will begin the process of implementing (the law) as we are required to do the day after a bill is lawfully published. We are mindful that this Act is continuing to be litigated and we will continue to be responsive to the courts as the law begins to be applied."
Senate Minority Leader Mark Miller (D-Monona) said Huebsch's statement "is just another example of how desperate the governor and the Republican leadership is to try to circumvent the law and circumvent having a court determine whether or not they acted appropriately with the law."
At least one school district has suspended negotiations [74] on a new teacher contract amid uncertainty about whether the union-busting bill has become law.
UPDATE March 28:
The Wheeler Report has released the memo [75] from Senate Majority Leader Scott Fitzgerald to the LRB ordering publication. Fitzgerald is a party in the lawsuit and was subject to Judge Sumi's restraining order. If Judge Sumi's order is read broadly (she says "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10"), he may have violated it by ordering publication.
In a press release [76] issued today, Attorney General JB Van Hollen, whose office is defending against DA Ozanne's suit seeking to block the union-busting bill from becoming law, has asked Judge MaryAnn Sumi to vacate her order enjoining Secretary of State La Follette's publication. Van Hollen alleges that the LRB's publication on Friday means the bill is now law, and that DA Ozanne's suit to keep it from becoming law no longer has any purpose. Van Hollen also claims that Secretary of State LaFollette made a good faith effort to comply with the court order, and because the LRB was neither named in the suit nor mentioned in Judge Sumi's order, its publication did not violate the court order. Van Hollen also asked to withdraw his appeal of Judge Sumi's decision, alleging that there is nothing to appeal because the case is moot.
Madison City Attorney Michael May has issued a memorandum today [77] opining that the bill is not yet law, as the LRB does not have authority to establish a date of publication, and the date of publication determines when the Act is effective. City Attorney May finds a distinction between the "date of publication" determined by the SOS, which according to 991.11 establishes the effective date of the act, and "publication" by the LRB. May also refers to Wis. Stat. § 14.38(10)(c), which requires the SOS to publish in the state newspaper within 10 days of the date of publication; he says that prior statutes had required this SOS publication in the state paper for a law to become effective, but in recent years, the statutes have been modified to make publication a joint effort between the SOS and LRB. His memo states that the LRB overstepped its legal authority in publishing without the SOS setting a date, and that the bill is not law until the SOS does so.
The Marquette University Law School faculty blog has looked at the statutes and surrounding statutory materials to find that the LRB's publication does not make it law [78].
TWO VIEWS ON THE GOP'S REQUEST FOR UW PROFESSOR BILL CRONON'S EMAILS
New York Times: EDITORIAL: A SHABBY CRUSADE IN WISCONSIN [79]
The latest technique used by conservatives to silence liberal academics is to demand copies of e-mails and other documents. Attorney General Kenneth Cuccinelli of Virginia tried it last year with a climate-change scientist, and now the Wisconsin Republican Party is doing it to a distinguished historian who dared to criticize the state's new union-busting law. These demands not only abuse academic freedom, but make the instigators look like petty and medieval inquisitors.
THERE'S NO SUCH THING AS A BAD FOIA REQUEST: THE WISCONSIN GOP'S QUEST TO OBTAIN A PROFESSOR'S EMAILS ISN'T "MCCARTHYESQUE."
Slate:
When James Fallows—the most reasonable man on the planet—compares someone's behavior to that of Sen. Joe McCarthy, which he did today on the Atlantic's website, it is incumbent upon all of us to investigate!
What's got Fallows so upset is an open records law request—roughly equivalent to a state FOIA request—filed in Wisconsin on March 17 by Stephan Thompson of the Republican Party for the emails of University of Wisconsin professor of history William Cronon.
Is the Wisconsin Republican Party using the freedom of information process to label Cronon a communist? Is it trying to paint the University of Wisconsin as a safe harbor for communist spies and communist sympathizers?
Well, no. The Republican Party is requesting all emails from Cronon's state email account that "reference any of the following terms: Republican, Scott Walker, recall, collective bargaining, AFSCME, WEAC, rally, union, Alberta Darling, Randy Hopper, Dan Kapanke, Rob Cowles, Scott Fitzgerald, Sheila Harsdorf, Luther Olsen, Glenn Grothman, Mary Lazich, Jeff Fitzgerald, Marty Beil, or Mary Bell."
Read more. [80]
NEWS ROUNDUP, MONDAY, MARCH 28, 2011
Milwaukee Journal Sentinel: STATE STOPS COLLECTING UNION DUES, STARTS CHARGING MORE FOR HEALTH CARE [81]
Gov. Scott Walker's administration is no longer collecting dues on behalf of state unions and as of Sunday began charging employees more for health care and their pensions, even though nonpartisan legislative attorneys say the changes are not yet law. Administration Secretary Mike Huebsch said Monday administration attorneys have determined the law is now in effect. State workers will receive paychecks April 21 that reflect the changes, he said in a conference call with reporters. In addition to requiring state, local and school employees to pay more for their benefits, the measure ends most collective bargaining for public workers. The law also bars the state from charging dues to employees and passing them on to unions, as it has done for years. READ MORE HERE. [81]
Milwaukee Journal Sentinel: PUBLIC EMPLOYEES ARE WILD CARD ON APRIL 5 AND BEYOND [82]
[A]n analysis of government and polling data suggests that "public employee households" - homes with at least one government worker in them - make up at least a fifth of Wisconsin voters. In other words, we're talking about a large and highly engaged electoral force with a presence in every corner of the state. These voters are not monolithic, of course. But their sheer numbers suggest that to whatever degree they are mobilized by the budget fight or driven further left politically, Republicans could pay a measurable price at the ballot box. READ MORE HERE. [82]
Milwaukee Journal Sentinel: BUDGET DEFUNDS ELECTIONS [83]
Public funding for Wisconsin Supreme Court races would dwindle under the proposed state budget. In his 2011-'13 budget, Gov. Scott Walker is proposing to replace all tax dollars with voluntary contributions to the program that is financing the campaigns of both candidates in the April 5 election for the high court. The spending plan would similarly scale back an older and less sweeping public funding program used by some legislative candidates. "That's a total destruction of the public financing system," said Jay Heck, executive director of the Wisconsin arm of Common Cause, a liberal group that advocates publicly funded campaigns. "It's really the death knell of public financing." READ MORE HERE. [83]
Milwaukee Journal Sentinel: LA FOLLETTE SAYS UNION LAW NOT IN EFFECT, WALKER OFFICIAL DISAGREES [84]
The director of the bureau, Stephen Miller, said Friday that publishing the bill was a "ministerial act" and that it still had to be published in the official state newspaper for it to become effective. The Department of Administration said Friday that it will carry out the law. And Saturday, DOA Secretary Mike Huebsch said in a written statement: "Upon the advice of my legal counsel, the Department of Administration will begin the process of implementing (the law) as we are required to do the day after a bill is lawfully published." READ MORE HERE. [84]
Milwaukee Journal Sentinel: WISCONSIN GOP OFFICIAL FILES REQUEST FOR ACCESS TO UW PROFESSOR'S E-MAIL: BLOG POST APPARENTLY LED TO REQUEST [85]
A top Republican Party of Wisconsin official has asked the University of Wisconsin-Madison under the state's open records law to produce e-mails written by a prominent history professor, an apparent response to a blog post the professor wrote about a conservative group. READ MORE HERE. [85]
WSJ: IS IT A LAW? JUST A BILL? CONFUSION REIGNS OVER COLLECTIVE BARGAINING LEGISLATION [86]
As the battle over Gov. Scott Walker's controversial collective bargaining legislation heads to the courtroom, the two sides still can't agree whether it's truly in effect. The Legislative Reference Bureau published the law online Friday in a surprise move, after a meeting with Senate Majority Leader Scott Fitzgerald, R-Juneau. But serious questions remain over whether the law went into effect Saturday — especially because Secretary of State Doug La Follette, who typically publishes laws, is barred from doing so by a restraining order. Even the Reference Bureau says its move didn't put the law into effect. La Follette, a Democrat, agrees. But Fitzgerald insisted Saturday that the law is now law. "I still do believe this will bring a conclusion," he said. "As far as I'm concerned, the legislation is in effect today." READ MORE HERE. [86]
WSJ: GOV. WALKER'S SPENDING PLAN: REFORM OR REPUBLICAN? [87]
The throng of angry protesters rushed into the state Assembly, filling every corner of the chamber and stopping lawmakers from moving forward with a piece of controversial legislation. The crowd was angry. Police were tense. The Legislature was divided. This act of civil disobedience didn't occur in the past month. It took place more than 40 years ago — the last time Wisconsin faced a budget similar to the one it faces now. READ MORE HERE. [87]
WisPolitics: PROSSER APOLOGIZES FOR OUTBURST, SAYS HE'S THE 'UNPREDICTABLE ONE' ON HIGH COURT [88]
The throng of angry protesters rushed into the state Assembly, filling every corner of the chamber and stopping lawmakers from moving forward with a piece of controversial legislation. The crowd was angry. Police were tense. The Legislature was divided. This act of civil disobedience didn't occur in the past month. It took place more than 40 years ago — the last time Wisconsin faced a budget similar to the one it faces now. READ MORE HERE. [88]
Cap Times: VITAL SIGNS: STATE GOP HEALTH BILLS MIRROR MODEL ALEC LEGISLATION [89]
A bunch of links and some digging later, I tracked down ALEC's The State Legislators Guide to Repealing ObamaCare. (NOTE: The original link I provided to this guide no longer works. Here is another. Scroll down and hit "Repealing Obamacare." We'll see if this link lasts.) It looks like our governor and Republican legislators could indeed be following this handy manual. Several health bills the Republicans have proposed and passed this year, or are about to propose (and probably pass, given their majority,) mirror ALEC's "model legislation." READ MORE HERE. [89]
Cap Times: E.J. DIONNE JR., THE SURPRISING NEW CLASS POLITICS IN THE MIDWEST [90]
The battle for the Midwest is transforming American politics. Issues of class inequality and union influence, long dormant, have come back to life. And a part of the country that was integral to the Republican surge of 2010 is shifting away from the GOP just a few months later. Republican governors, particularly in Wisconsin and Ohio, denied themselves political honeymoons by launching frontal assaults on public employee unions and proposing budgets that include deep cuts in popular programs. Democrats in the region are elated at the quick turn in their fortunes. READ MORE HERE. [90]
TELL US YOUR STORY!
Michael Moore told protesters in front of Wisconsin's beautiful capitol building "you have awakened a sleeping giant known as the working people of the United States of America!" The reporters at the Center for Media and Democracy have been reporting on the showdown from our offices here in Madison, Wisconsin, but this is just one slice of the struggle. Tell about attacks on worker rights in your state. Tell us how proposed state or federal budget cuts impact your family. Tell us what you are doing to fight back. Your stories will help inform our reporting and help us build a historical record of these extraordinary times.
Click here to tell us your story [91]
SCHEDULE FOR MONDAY, MARCH 28, 2011
- 10AM - 1PM - JESSE JACKSON SPEAKS IN OSHKOSH [92]
- 4:30PM - 5:30PM - PROTEST - RECEPTION HONORING SEN. ALBERTA DARLING [93]
- 6-9:00PM - VERONA SOLIDARITY WALK [94]
Wisconsin Protests photo gallery [95]
Live report [96]