Attorney gen. seeks permission to appeal temp. restraining order - WKOW 27: Madison, WI Breaking News, Weather and Sports

Attorney gen. seeks permission to appeal temp. restraining order

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Attorney General J.B. Van Hollen Attorney General J.B. Van Hollen

MADISON (WKOW) -- Attorney General J.B. Van Hollen says he plans to appeal Friday's temporary restraining order blocking the Secretary of State's publication of the budget repair law, pending permission from the Court of Appeals.

Van Hollen released the following statement:

"The Department of Justice plans to appeal today's motion granting a temporary restraining order enjoining the Secretary of State from publishing the 2011 Wisconsin Act 10, commonly referred to as the Budget Repair Bill.  The Legislature and the Governor, not a single Dane County Circuit Court Judge, are responsible for the enactment of laws. 

"Decisions of the Supreme Court have made it clear that judges may not enjoin the Secretary of State from publishing an Act. Further, the Secretary of State is without discretion to refuse to publish an act because of perceived procedural irregularities or constitutional concerns.  Decisions of the Supreme Court are equally clear that Acts may not be enjoined where the claim is that a rule of legislative procedure, even one as important as the Open Meetings law, has been violated.

"No matter whether individual citizens agree with the substance of the bill or the manner in which it was enacted, I would hope all see the value in ensuring this matter be given the opportunity to work its way expeditiously through the judicial process."

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