You will recall the sound and fury of the union protests against Wisconsin Governor Scott Walker and the Republican controlled house and senate. After the legislature passed the collective bargaining bill and the governor signed it, the Democrats took it to Judge Maryann Sumi, a very lefty judge. Sumi then issued a Temporary Restraining Order ruling that the legislature had violated its own rules. This had the effect of preventing the publication of the bill. And just for good measure, Judge Sumi threw out the bill before the bill became law.
Get it? If this isn’t a rogue court, what is? This is not Canada. Courts can only rule on laws that are in effect.
Well, the Wisconsin Supreme Court has weighed in (my emphasis)
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.”
Ouch! Sumi just got bitch-slapped. Read the whole opinion here.
P.S. This is also a vindication of the legal strategy of not backing down to the unjust, unwise, uncalled-for, unlawful and manifestly political rulings of Judge Sumi.
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