- At the state and federal levels, pro-business/anti-worker
rulings are nothing new. US Supreme Court history is rife with them since
the 19th century, and no wonder.
- From inception, America was always ruled by men, not
laws, who lie, connive, misinterpret, and pretty much do what they please
for their own self-interest.
- In 1787 in Philadelphia, "the people" who mattered
most were elitists. America's revolution substituted new management for
old. Everything changed but stayed the same under a system establishing
illusory democracy at the federal, state and local levels.
- Today, all three branches of government prove it's more
corrupt, ruthless, and indifferent to fundamental freedoms and human needs
than ever, including worker rights to bargain collectively with management
on equal terms. Forget it. They're going, going, gone.
- Last March, a protracted Senate battle ended when hard-line
Republicans violated Wisconsin's open meetings law, requiring 24 hours
prior notice for special sessions unless giving it is impossible or impractical.
- The epic battle ended along party lines after State Assembly
members past Walker's bill 53 - 42, following the Senate voting 18 - 1
with no debate.
- At issue was passing an old-fashioned union-busting law
with no Democrats present, brazen politicians and corrupted union bosses
selling out rank and file members for self-enrichement and privilege, complicit
with corporate CEOs.
- Besides other draconian provisions, the measure permits
collective bargaining only on wage issues before ending them altogether,
what's ahead unless stopped.
- On May 27, however, Circuit Court Judge Maryann Sumi
rescinded Walker's bill, ruling Republican lawmakers violated the state's
open meetings law. They promptly appealed to Wisconsin's Supreme Court,
needing a decision before June 30, the 2011 - 2013 budget deadline.
- Republicans, in fact, warned that without prompt resolution
they'd include anti-worker provisions in their budget bill, practically
daring the High Court not to accommodate them.
- Unsurprisingly, they obliged, reinstating Republican
Governor Scott Walker's union-busting measure, clearing the way ahead to
strip public employees of all rights, heading them like all US workers
for neo-serfdom without collective national action to stop it.
- On June 14, Milwaukee Journal Sentinel writers Patrick
Marley and Don Walker headlined, "Supreme Court reinstates collective
bargaining law," saying:
- "Acting with unusual speed, the (Court) Tuesday
ordered the reinstatement of (Walker's) controversial plan to end most
collective bargaining (rights) for tens of thousands of public workers,"
in clear violation of state law.
- Nonetheless, ruling 4 - 3, the Supreme Court said lawmakers
were "not subject to the state's open meetings law, and so did not
violate that law when it hastily" acted in March.
- Chief Justice Shirley Abrahamson disagreed, rebuking
her colleagues for judicial errors and faulty judgment in a stinging dissent,
- The Court unjustifiably "reached a predetermined
conclusion not based on the fact(s) and the law, which undermines the majority's
- Majority justices, in fact, "make their own findings
of fact, mischaracterize the parties' arguments, misinterpret statutes,
minimize (if not eliminate) Wisconsin constitutional guarantees, and misstate
case law, appearing to silently overrule case law dating back to at least
- Republicans praised the decision. Democrats said they'd
move to amend the state constitution to assure meetings law enforcement,
what could take years and only be possible if they have majority powers.
- The measure will take effect once Secretary of State
Doug La Follette publishes it, what he's certain to do quickly.
- The ruling was similar to an Illinois January 27 one
when its Supreme Court ruled Rahm Emanuel could run for mayor despite his
residence ineligibility according to binding state law since 1818, the
year Illinois gained statehood.
- The law says only qualified voters who "resided
in the municipality at least one year preceding the election or appointment"
are eligible to run for office. Although Emanuel didn't qualify, the High
Court ruled for him anyway, proving it's not the law that counts (in Illinois,
Wisconsin or anywhere in America), it's enough clout to subvert it.
- Stephen Lendman lives in Chicago and can be reached at
- Also visit his blog site at sjlendman.blogspot.com and
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