Source:
Wisconsin State JournalDA, lawyers say no high court action on bargaining suit needed due to Sumi’s order
ED TRELEVEN | etreleven@madison.com | 608-252-6134 | (22) Comments | Posted: Wednesday, June 1, 2011 6:25 pm
..................In April, DOJ and the state Department of Administration filed a petition for supervisory writ asking that the Supreme Court vacate prior temporary orders issued by Sumi, alleging that Sumi had overstepped her authority. The orders put a halt to implementation of a law stripping most collective bargaining rights from most public employee unions.
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But lawyers Lester Pines and Robert Jambois, along with Ozanne, argue that Sumi’s temporary orders have been superseded by the final order she issued on May 26.
“A writ of mandamus from (the Supreme Court) directing the circuit court to vacate the temporary restraining order, when that order has already been superseded by the court, will have no legal effect and no practical effect on the underlying controversy,” Pines and Jambois wrote.
The proper way to address the issue at this point, they wrote, is for one of the parties to file an appeal of Sumi’s final order.
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Read more:
http://host.madison.com/wsj/news/local/crime_and_courts/article_9cf7f8da-8ca6-11e0-b26e-001cc4c03286.html?mode=story
Next Monday the SC was due to hear arguments (whether to take the case or ). Dems are arguing that the case is moot now. I agree.