Yesterday, Dane County Circuit Judge Maryann Sumi held that the controversial state legislation curbing public employee collective bargaining rights has not taken effect despite its publication by the Legislative Reference Bureau, the Journal-Sentinel reports. In a brief order, Judge Sumi declared:
Based on the briefs of counsel, the uncontroverted testimony, and the evidence received at the March 29, 2011, evidentiary hearing, it is hereby DECLARED that 2011 Wisconsin Act 10 has not been published within the meaning of (state statutes), and is therefore not in effect.
According to the Journal-Sentinel report, the Governor’s office opposes the decision but will comply.
Walker and his aides said the administration had put the law on hold for now.
“The bottom line is we’re going to comply with the court order with our hope that once this is all sorted out we’ll see the law is in effect,” Walker told reporters during a stop at HOPE Christian School: Prima in Milwaukee.
He said Thursday’s decision was the first time the judge had clearly put in writing that the law applied to the administration.
The state Department of Justice expects issues raised in the case will ultimately be decided by a higher court, said a statement from department spokesman Bill Cosh.
“Today’s order is issued over our objections, and we do not believe that it is proper,” he said.
Marquette law professor Rick Esenberg has further comments here.
There is another hearing this morning to consider an injunction against the law.