Wisconsin Attorney General J.B. Van Hollen filed an appeal Monday to lift the temporary restraining order a Dane County judge placed on Gov. Scott Walker's budget repair bill.
Dane County Circuit Judge Maryann Sumi issued the restraining order Friday, preventing Secretary of State Doug La Follette from implementing the law, which strips public employees of most of their collective bargaining rights.
In the appeal, lawyers for the Department of Justice argued Sumi overreached and did not have the authority to make the ruling.
""There is absolutely no authority for the broad, overreaching step taken,"" lawyers wrote in the appeal. ""In the interests of the administration of justice it is necessary—nay, it is imperative—that this court step forward and undo this inappropriate act.""
The state also argued the Dane County Circuit court did not have jurisdiction over the legislators or La Follette because they have legal immunity. It also said the courts cannot block a bill before it becomes law, because doing so interferes with the legislative process.
The lawyers also said even if the bill were law, the courts could not strike it down based on an open meetings violation, which is a legislative rule. They argued the courts can only block laws when the legislature does not adhere to constitutional requirements.
Sumi will also hold a hearing March 29 on the topic of switching the temporary restraining order to a temporary injunction, as per Dane County District Attorney Ismael Ozanne's request.
