Republican lawmakers defended a new bill that would limit local judges’ ability of striking down state laws at a public hearing Thursday, emphasizing that a local decision should not have statewide implications.
Sen. Glenn Grothman, R-West Bend, who chairs the Senate Committee on the Judiciary and Labor, testified in favor of a bill he co-authored with Rep. David Craig, R- Big Bend, that limits the ability of circuit court judges to impose injunctions on potentially unconstitutional laws.
Grothman said the purpose of the bill is to help represent Wisconsin residents’ and businesses’ views across the state accurately, rather than letting a circuit court judge from one county block a law that applies statewide.
“Questions have been raised as to whether a ruling from a judge from a small portion of the state should prevent the statewide implementation of legislation passed by the duly elected statewide legislature, and signed by a governor, who is also elected statewide,” Nathan Schacht, a Craig staff member, said.
James Buchen, senior vice president for government relations of the Wisconsin Manufacturers and Commerce, also spoke in favor of the bill. He said Democrats would not like to see a decision from an Ozaukee County judge, a Republican-leaning county, affect statewide laws.
“In our state, from one part to another, we have widely varying views,” Buchen said. “I think the potential for the views of Ozaukee County being made the views of the state as a whole would be upsetting to many, just as the views of Dane County would upset the other parts as a whole.”
Two attorneys from the nonpartisan Wisconsin Legislative Council said the bill would likely be deemed unconstitutional because of potential violations to the separation of powers doctrine.
The bill comes as the voter ID law and the collective bargaining law have faced injunctions from Dane County judges, blocking parts of their implementation. Both are under appeal and are expected to go to the Supreme Court.
Grothman said circuit court judges often experience political motivations and pressure from their constituents, making current law unfair and confusing to all Wisconsin residents. Republicans have criticized the Dane County judges for striking down the laws for political reasons.
Lester Pines, a Madison attorney who is representing Democrats on the voter ID and collective bargaining lawsuits, said politics are, and should be, set aside by circuit court judges when making decisions.
“We need to set our feelings aside, and use our intellect to see that in fact what we feel so strongly about it supported factually and legally. That is what judges do,” Pines said. “I believe that in my 40 years of litigating, circuit court judges and appeals courts are not swayed by political considerations, but very carefully try to apply the law the right way.”
Sen. Fred Risser, D-Madison, agreed with Pines, and added the bill is more confusing than current law.
Risser said the purpose of the current law is to prevent unconstitutional laws from being enforced while they are awaiting a decision from higher courts, and this bill would not maintain the status quo.
Buchen said a presumption of constitutionality exists for bills the Legislature enacts, and legislators take that very seriously.
Andrea Kaminski, executive director of the League of Women Voters of Wisconsin, called the bill an overreach, since she said it would violate the constitution.
“The proposal you’re considering today would damage the fundamental safeguard which protects citizens from abuse of government power,” Kaminski said.
