Pro-Workers Protest, 12 March 2011In February and March, national media attention turned to the state of Wisconsin. Crowds of protesters, tens of thousands strong, thronged the Capitol building in Madison and the streets outside. Fourteen Democratic senators, the 'Fab 14' to their supporters, fled to nearby Illinois to avoid the Republican-controlled state legislature having the quorum needed to pass a controversial budget.
In an attempt, to some, to balance the state's bloated budget, or for others, to use the deficit problem as the justification to gut the rights of public workers, newly-elected Governor Scott Walker had proposed a budget that ended collective bargaining rights of many state employees. With the legislation stalled because of the absent Democratic votes, Republicans opted to force the bill through by what a circuit court judge ruled in May were unconstitutional means.
Now, according to the Milwaukee-Wisconsin Sentinel Journal: "Acting with unusual speed, the state Supreme Court on Tuesday reinstated Gov. Scott Walker's plan to all but end collective bargaining for tens of thousands of public workers.” From a cursory reading of the Court's 68 page ruling, the Justices decided that the original judge overstepped her authority under the separation of powers doctrine, arguing they came to their conclusion, “because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature.”
The finding came as little surprise. In April, Justice David Prosser won a re-election contest for his seat with Assistant Attorney General JoAnne Kloppenburg, thereby maintaining the perceived 4-3 Republican majority on the Wisconsin Supreme Court. Although the candidates avoided referencing the collective bargaining controversy personally, and Justice Prosser has denied any partisan leanings despite his background as serving as a Republican Assembly Speaker, outside groups led by national progressive group MoveOn.org and the Tea Party Express poured money into the state to influence the election. After an acrimonious recount saga, Justice Prosser narrowly won, and Tuesday he was one of four judges in the majority.
The ruling came as Republicans prepared to put another budget retaining the collective bargaining language to the legislature. Speaking on Monday, Senate Majority Leader Scott Fitzgerald (R-Juneau) admitted that Republicans “feel like we're under the gun to get something (passed) by the end of the week.” As a consequence, Fitzgerald indicated that if the Supreme Court upheld the original decision, or postponed its judgement, the legislature would attempt to pass the controversial budget in an extraordinary session. Although the point is now moot, there was some doubt on Monday whether a budget could be adopted in an extraordinary session, which allows a simple majority in both chambers of the legislature to pass a law more quickly. These measures were considered necessary as the new fiscal year begins on July 1.
With the possibility, however, of a new budget bill being passed, security had increased at the Capitol, and labour groups, including the Wisconsin Education Association Council, appealed for members to show up for a protest beginning at 11 a.m., with a rally planned at 5.30 p.m..
That protest drew only hundreds of protesters, but that is not the end of the story for the fight against the anti-union agenda of Governor Scott Walker and his Republican allies in the Wisconsin legislature. Within an hour of the Court's ruling Tea Party Express had already sent out an email celebrating, “This victory came about because of YOU!! You helped us ensure that a conservative majority remained on the Court, one that is guided by the Constitution and not liberal judicial activism.” The message then continues that the real battle to consolidate the conservative gains in this budget comes next month, when six Republican senators face recall elections.
Unsurprisingly, the email then asks for funds to contest those elections, because :”If the leftists win just three of the RECALLS they will take control of the legislature and be able to block Gov. Walker's efforts completely.”
Those recall elections (three Democrats also face a vote) have already been dogged by controversy, with allegations that Republicans are abusing Wisconsin's open primary laws by fielding fake candidates in the Democrats' selection process. And there are rumours, on Twitter naturally, that ex-Senator Russ Feingold, who lost to a Tea Party candidate, will oppose Gov. Walker if he is recalled when that becomes possible next year.
At some point or other, with a Republican governor and a majority in both houses of the legislature, not to mention a conservative-leaning state Supreme Court, Republicans were going to get their restrictions on collective bargaining passed into law. What remains to be seen is whether the strength of protests we witnessed back in February and March translates into a successful recall of any of the Republican senators next month.