Tuesday, June 28, 2011

A Reminder of Abrahamson's Rule

Way back when, Abrahamson vomited forth a truly bad ruling.

From the dissent:

This court cannot create exceptions to Wis. Stat. § 941.23 to cure that statute's constitutional defects. That is the job of the Wisconsin Legislature.2 It is well-established in Wisconsin law that "'[w]here the language used in a statute is plain, the court cannot read words into it that are not found . . . even to save its constitutionality, because this would be
legislation and not construction.'

The majority, instead of striking down the statute, attempts, yet again, to do the job of the legislature and to judicially rewrite Wis. Stat. § 941.23.

Now that Shirley is no longer The Queen, the Court suddenly becomes "dysfunctional" and "non-collegial."

Gee. How did THAT happen?

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