Sometimes I just don't know what to make of press releases. This is one of them. Apparently since Judge Sumi has still not been clear enough with the DOA, they still think they haven't been enjoined from acting on the Budget Repair Bill --
Secretary Huebsch Statement on Implementation of 2011 Wisconsin Act 10
MADISON –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, nonparties
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.”
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