Judicial Pushback to Obama Begins

Tuesday, April 3, AD 2012

Void ab Initio

Wednesday, June 15, AD 2011

 

As I am sure most of you know, the Wisconsin Supreme Court in a 4-3 decision vacated the order of Judge Maryann Sumi enjoining the bill passed by the Wisconsin legislature regarding public employee unions.  The court divided along partisan lines.  The bluntness of the majority opinion is something to behold.

IT IS FURTHER ORDERED that all orders and judgments of the Dane County Circuit Court in Case No. 2011CV1244 are vacated and declared to be void ab initio.  State ex rel. Nader v. Circuit Court for Dane Cnty., No. 2004AP2559-W, unpublished order (Wis. S. Ct. Sept. 30, 2004) (wherein this court vacated the prior orders of the circuit court in the same case). 

Declaring the orders of a trial court void ab initio is an unusual step for an appellate court.  It basically says that the trial court completely misconstrued the relevant law from the beginning, and is not to be trusted by the appellate court simply reversing the trial court and remanding the case back to the trial court.  Instead the Supreme Court ruled on all of  the issues in the case itself, with Judge Sumi now tossed out of the case by the action of the Supreme Court.  

This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature.  It is important for all courts to remember that Article IV, Section 1 of the Wisconsin Constitution provides:  “The legislative power shall be vested in a senate and assembly.”  Article IV, Section 17 of the Wisconsin Constitution provides in relevant part:  “(2) . . . No law shall be in force until published.  (3) The legislature shall provide by law for the speedy publication of all laws.”

You don’t get blunter than that in the law.  Judge Sumi is held by the Court to have usurped the power of the legislature!

The Court then notes that what Judge Sumi attempted to do, enjoin publication of a bill in order to prevent it from becoming law, was in direct defiance of a prior case decided by the Wisconsin Supreme Court:

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