Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Is there a possible lawsuit that can stop Gov. Walker in Wisconsin

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion Donate to DU
 
underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 06:24 AM
Original message
Is there a possible lawsuit that can stop Gov. Walker in Wisconsin
As I understand it this would have to be after any bill ending collective bargaining has passed. One of the 12 courts that have thrown out the states' Obamacare suits was because there was no "standing" meaning they couldn't show damages (this particular judge gave them 30 days to refile their suit).

Freedom to Assemble covers collective bargaining and union rights as I understand it. The one case that I have read about being often cited is NAACP v. Alabama (1962 or 1964)but that seemed to be more about not having to turn over their membership roles.

Anyone know about this?
Printer Friendly | Permalink |  | Top
AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 06:53 AM
Response to Original message
1. The right to bargain collectively is a creature of statute
(and let me just say what I don't know about Wisconsin public sector labor law is a lot)

Generally, a state has sovereign immunity. That means you cannot sue it. The state determines under what circumstances it can be sued by passing a law that delineates how and when you can sue it.

So if there is no law that allows the state to be punished for not bargaining or firing workers who try to organize then there is no recourse. Every state has some sort of civil service law which governs what the state can do about personnel. But without that law the state hires at will.

SO i say nyet.
Printer Friendly | Permalink |  | Top
 
liberal N proud Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 06:56 AM
Response to Original message
2. I would think the hidden deal with the Koch Brothers would warrant something
That is strictly laymen talk though
Printer Friendly | Permalink |  | Top
 
rfranklin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 07:09 AM
Response to Reply #2
4. RICO would cover it if you could get the Feds to after him...
but you would have to find someone to testify to the quid pro quo agreement to award the contracts to the Kock brothers. And that probably ain't going to happen.
Printer Friendly | Permalink |  | Top
 
FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-22-11 07:08 AM
Response to Original message
3. I can't think of any grounds for such a lawsuit. n/t
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu May 02nd 2024, 03:52 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC