Proposed Bill Weakens Power Of County Judges To Overturn New Laws

Republicans have introduced a bill that would all but eliminate the power of county judges to immediately overturn new laws that they rule unconstitutional.

From Wisconsin’s voter ID law to parts of Governor Scott Walker’s collective bargaining law, some of the highest-profile Republican policies last session were ruled unconstitutional and blocked in circuit court. A plan by several Republican lawmakers, including Senator Glenn Grothman of West Bend would prevent that from happening in the future.

The bill would automatically “stay” a court ruling that goes against the state as long as the ruling is immediately appealed. That would keep the law in effect during the appeal process.

Senator Grothman says it makes more sense than letting circuit judges who are elected by a relatively small number of voters make decisions for the state.

“It seems ridiculous that that circuit judge should be able to impose their beliefs on a legislature and a governor that have been elected by the state as a whole.”

Grothman said it would create an incentive for quick action by the Supreme Court, where all seven justices are elected statewide.

But Mike Brown of the liberal group One Wisconsin Now called it a power grab, saying it seemed like Republicans viewed the Wisconsin Constitution as an inconvenience.

“These are rights that are guaranteed in the state Constitution, and if there’s a question about whether or not one of their enactments is constitutional, we believe that people should not be denied their rights while that question is decided.”

It is not the first time Republicans have talked about changing the courts. Last session they passed a law that lets lawsuits against the state be filed in any county. Previously they were filed in Dane County, the seat of state government.