Tuesday, July 20, 2010

Fun Raid Ruled Unconstitutional

Yup.

A ruling by the Wisconsin Supreme Court has blown a $200 million hole in the state budget.

The court ruled Tuesday that a $200 million transfer out of a medical malpractice fund to help balance the budget in 2007 was illegal. The court in a 5-2 ruling overturned a lower court’s decision dismissing the lawsuit by the Wisconsin Medical Society.

The society, which represents doctors argued the transfer amounted to an illegal raid by the state and the Supreme Court agreed. The fund is used to help Wisconsin health care providers pay medical malpractice claims.

A Dane County judge dismissed the case in 2008, but the Medical Society appealed. The Supreme Court on Tuesday sent the case back to circuit court with directions that it order the state to pay back the money with interest.

(16) Comments
Posted by Owen at 0820 hrs
Law + Politics + Politics - Wisconsin

  1. The next step is for J.B. to go over to Doyle’s office, put the cuffs on that damn crook and frog march him out of the Capital.  It is going to take a long time to get rid of the Doyle stench in this state.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 0859 hrs


  2. Doyle should be held accountable for this and all of the other fiscal mismanagement he’s responsible for. Roads and bridges are crumbling because of his incompetence, and in a few months we’re going to be paying him for the rest of his worthless life as he leaves office(and probably the tax hell he’s helped create)as he goes on his merry way. Doyle is no better than the common criminal who breaks into your house and steals whatever he wants. His actions have deprived the entire state of safe and reliable infrastructure which should have been payed for by excessively taxed motorists.

    Wisconsin once known for “clean” Government can no longer lay claim to that boast.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 0906 hrs


  3. Was that a fun raid or a fund raid?

    Posted by Fred on July 20, 2010 at 0946 hrs


  4. Depends on which side of it you were on.

    Posted by Owen on July 20, 2010 at 0949 hrs


  5. I bet that was the first time the Wisconsin Medical Society and the Wisconsin Association for Justice both filed Amicus briefs in support of the same position.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 0956 hrs


  6. The really amazing part to me is just how sleazy he got considering where he started. Though I never agreed with his politics, while he was AG, I thought Doyle was a strong advocate for consumer rights and the citizens of Wisconsin. But since becoming became governor, his blatant disrespect for the law and the utter contempt he has for the people has been reprehensible.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1008 hrs


  7. I cannot think for a moment that Doyle and the rascals who did this didn’t know it was illegal.

    What is more amazing is that a circuit court, an appeals court and two Supreme Court Justices ruled for them. Little children would even know this was wrong.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1100 hrs


  8. Haul his sorry ass to jail. Period.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1132 hrs


  9. I want to know who were the two judges who voted against this.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1230 hrs


  10. I want to know who were the two judges who voted against this.

    http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=52424

    Abrahamson and Bradley.

    Posted by hsgbdmama on July 20, 2010 at 1235 hrs


  11. http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=52424

    Dissented:
    ABRAHAMSON, C.J., dissents (opinion filed).
    BRADLEY, J., joins dissent. 

    What a surprise…

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1235 hrs


  12. I find it revealing that ABRAHAMSON and BRADLEY dissented in this opinion. In supreme court decison 94-0712 (Act 27) the State Employee Trust Fund was sued for taking “propery rights” (republicans ran the state).  The court was unanimous, with BRADLEY writing the decision.  Under democat administration, they show their true partisanship.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1245 hrs


  13. But the dissent also stated that they thought the law was unfair.  They just didn’t believe that the law was unconstitutional.  Not exactly a ringing endorsement for Doyle’s money grab.

    Posted by .(JavaScript must be enabled to view this email address) on July 20, 2010 at 1251 hrs


  14. The dissent can be summed up thusly - “The moment a penny enters a group pool administered by the state, it becomes our ally Doyle’s personal slush fund to do with what he pleases, and since our ally Doyle is above the law, no law can tell him what he can and cannot do with the money.”

    Say, has anybody seen RS today?  I have some ketchup for him.

    Posted by steveegg on July 20, 2010 at 1415 hrs


  15. Speaking of missing pols, has anybody seen Brett Davis?

    Posted by steveegg on July 20, 2010 at 1421 hrs


  16. Forget the two yahoos on the State Supreme Court, at least there they are in the minority and will always lose. Who is the idiot Dane County judge who dismissed the case? He/She needs to be reprimanded - for dismissing a case that the State Supreme Court overturns.

    Posted by .(JavaScript must be enabled to view this email address) on July 21, 2010 at 0937 hrs


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