State ex rel. Ozanne v. Fitzgerald, 2011AP613-LV, District 4

Yesterday, the DOJ moved to withdraw its petition for leave to appeal the TRO entered by the Dane County Circuit Court last week.  The DOJ argues that the appeal is moot because Act 10 became effective the day after its publication by the Legislative Reference Bureau on March 25th.  The court of appeals swiftly denied the motion, explaining:  “it appears that we lack the authority to grant the withdrawal motion while our certification is pending and that the Attorney General should have addressed his motion to the Supreme Court.”  Stay tuned to find out what the Supremes think and what happens in the Dane County Circuit Court today.   In the meantime, for two opposing viewpoints on whether the LRB’s printing of the Act made it effective the next day, read Esenberg’s Shark and Shepherd post and Tom Foley’s Illusory Tenant post on the subject.