The 4th District Court of Appeals left in place Judge Lawgiver-In-Black Maryann Sumi’s temporary restraining order preventing publication of the budget repair bill while certifying to the Wisconsin Supreme Court a pair of questions relating to said temporary restraining order:
- Whether striking down a legislative act—also known as voiding—is an available remedy for a violation of the Open Meetings Law by the legislature or a subunit thereof.
- Whether a court has the authority to enjoin the secretary of state’s publication of an act before it becomes law.
It is a given that the members of the 3-person panel, Brian Blanchard, Paul Higginbotham and Paul Lundsten, are stalling until the remainder of the local units of government finish rushing to completion contracts that are unnecessarily benefitial to the unions. The only question is, in voting “present”, Blanchard, Higginbotham and Lundsten are simply afraid of the voters in Madison (the main area served by the 4th District) or are trying to stoke the anti-Prosser flames a bit higher by forcing the Supreme Court to deliver the smackdown.
