Let me first say that when lawyers do research and arrive at conclusions, they rely heavily on precedent, and nearly everything that has happened in the last few months in Wisconsin is unprecedented. The latest is the Legislative Reference Bureau's publication of the the Budget Repair Bill despite Dane County Judge MaryAnn Sumi temporarily enjoining publication. I'm going to go out on a limb and say that someone, possibly one of the Fitzgeralds, will be held in contempt of court. I'm going to stay pretty close to the trunk and say there will be a court motion to challenge the effect of the bill's publication Monday morning. The Final paragraph of Judge Sumi's order reads:
"I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10.
The next step in implementation of that law would be the publication of that law by the Secretary of
State. He is restrained and enjoined from such publication until further order of this court."While the court specifically restrains the Secretary of State, the first sentence doesn't limit the force of the court's order. Furthermore, all parties to a legal action are generally bound to court orders in that action unless the court states otherwise, and the defendants in the action include the Fitzgerald brothers, Senator Micheal Ellis, and Rep. Scott Suder. So, the question of the day, is who directed that the bill be published? More to come as events unfold.
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