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

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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?
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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.
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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
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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.
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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
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