Image: Wisconsin Secretary of State Doug LaFollette
Michael P. King  /  AP
Wisconsin Secretary of State Doug La Follette listens to Assistant Attorney General Maria Lazar make her opening arguments at a hearing in front of Dane County Circuit Judge Maryann Sumi at the Dane County Courthouse in Madison on Tuesday.
By
updated 3/29/2011 9:28:09 PM ET 2011-03-30T01:28:09

The showdown over Wisconsin's explosive union bargaining law shifted from the Statehouse back to the courthouse on Tuesday, but it remained unclear when or even whether the measure would take effect.

Republican lawmakers pushed through passage of the law earlier this month despite massive protests that drew up to 85,000 people to the state Capitol and a boycott by Democratic state senators. Opponents immediately filed a series of lawsuits that resulted in further chaos that might not end until the state Supreme Court weighs in.

That appeared even more likely after a hearing on Tuesday, when a Dane County judge again ordered the state to the law on hold while she considers a broader challenge to its legality. She chastised state officials for ignoring her earlier order to halt the law's publication.

"Apparently that language was either misunderstood or ignored, but what I said was the further implementation of (the law) was enjoined," Dane County Circuit Judge Maryann Sumi said during a hearing. "That is what I now want to make crystal clear."

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Slideshow: Protests in Wisconsin (on this page)

Sumi is set to hear additional arguments Friday on the larger question of whether state violated open meetings law during debate on the measure. She also is considering claims by some officials that the law technically took effect last weekend after a state agency unexpectedly published it online.

Whether she decides it did or didn't become law on Saturday, the law's legitimacy will likely be decided by the state Supreme Court, which has not indicated if it would take up an appeals court's request to hear the case.

The back and forth furthered the often angry debate between new Gov. Scott Walker, his Republican allies in the Legislature and the state's public sector unions.

Walker and the GOP have aggressively pushed forward their effort to remove the bargaining rights of state workers, using a surprise parliamentary maneuver to break a weeks-long stalemate to get it passed and then finding another route to publish the law after Sumi's order blocked the secretary of state from doing so.

State Department of Justice spokesman Steve Means said the agency continues to believe the law was properly published and is in effect. Walker's spokesman, Cullen Werwie, didn't immediately return a message seeking comment.

Wisconsin Department of Administration Secretary Mike Huebsch, Walker's top aide, issued a statement saying the agency will evaluate the judge's order.

The law requires most public workers to contribute more to their pensions and health insurance. It also strips away their rights to collectively bargain for anything except wages.

Earlier this month Sumi issued an emergency injunction in the case that blocked Secretary of State Doug La Follette from publishing the law. Republican leaders sidestepped the order, convincing the Legislative Reference Bureau, another state agency, to post the law on its website on Friday. The GOP declared that move amounted to publication and said the law would take effect Saturday.

Dane County Democratic District Attorney Ismael Ozanne — the plaintiff in the lawsuit heard Tuesday — argued the reference bureau can't publish a law without a date from the secretary of state. Attorneys for the state Department of Justice, which is representing the Republicans, argued the case means nothing because legislators are immune from civil lawsuits and the law is in effect.

Slideshow: Wisconsin Protests (on this page)

The district attorney asked Sumi to declare that the law had not been published, but she refused to rule, saying she wanted to hear more testimony. But she issued the new restraining order, warning anyone who violates this one will face sanctions.

"Wisconsin working families hope that (Gov.) Scott Walker and his Republican allies in the legislature will finally begin to respect our state's judicial process and reverse any damage they've done to the working families of our state, Stephanie Bloomingdale, secretary-treasurer of the Wisconsin State AFL-CIO, said in a statement.

Justice Department attorneys maintain Sumi has no authority to intervene in the legislative process. And Assembly Speaker Jeff Fitzgerald, R-Horicon, said in a statement that once again Sumi has improperly injected herself into the legislative process.

"Her action today again flies in the face of the separation of powers between the three branches of government," Fitzgerald said.

The law has been a flashpoint of controversy since Walker introduced it in February.

The measure requires most public workers to contribute more to their pensions and health insurance. It also strips away their rights to collectively bargain for anything except wages. Walker, who wrote the law, insists the measure is necessary to help close the state's budget deficit. But Democrats see the law as a political move to cripple unions, who are traditionally among their strongest campaign supporters.

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Tens of thousands of people staged almost non-stop demonstrations at the state Capitol for nearly three weeks and Senate Democrats fled the state for Illinois to block a vote in that chamber.

Republicans who control the Legislature ended the stalemate by removing what they said were the fiscal elements from the plan on March 9, allowing the Senate to vote without a quorum. The Assembly passed the measure the next day and Walker signed the measure into law on March 11.

Dane County Executive Kathleen Falk, a Democrat, and several unions have filed lawsuits challenging the Senate vote, arguing the final law still contains fiscal components. Those lawsuits are still pending.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos: The battle over collective bargaining rights in Wisconsin

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  1. Massive crowds gather to see the 14 democratic senators that left the state to protest the bill proposed by the Gov. Scott Walker as crowds continued to protest at the Wisconsin State Capitol in Madison on Saturday, March 12. (Darren Hauck / Reuters) Back to slideshow navigation
  2. Democratic Senator Lena Taylor, right, and civil rights leader Reverend Jesse Jackson Jr. greet the crowd as they and the other Wisconsin State democratic senators that left the state to protest the bill proposed by the Gov. Scott Walker return to massive crowds that continue to protest at the Wisconsin State Capitol on March 12. (Darren Hauck / Reuters) Back to slideshow navigation
  3. Republican Wisconsin State Legislatures look on as Wisconsin Gov. Scott Walker performs a ceremonial bill signing outside his office at the Wisconsin State Capitol on March 11. (Justin Sullivan / Getty Images) Back to slideshow navigation
  4. Protesters shout outside the office of Wisconsin Governor Scott Walker as he held a ceremonial bill-signing on March 11. The bill essentially eliminates collective bargaining rights for public union workers except on wage issues (Scott Olson / Getty Images) Back to slideshow navigation
  5. Protesters hold wooden letters that spell the word "shame" in front of the Wisconsin State Capitol on March 10. (Justin Sullivan / Getty Images) Back to slideshow navigation
  6. Wisconsin Assembly Speaker Jeff Fitzgerald makes the argument to pass the budget repair bill before the State Assembly in the State Capitol in Madison, Wisconsin, Thursday, March 10. (Allen Fredrickson / Reuters) Back to slideshow navigation
  7. Spectators in the gallery of the Wisconsin assembly chambers chant "shame" in protest after the House voted to pass the state's controversial budget bill in the Wisconsin assembly chamber on Thursday in Madison. (Justin Sullivan / Getty Images) Back to slideshow navigation
  8. Democratic Rep. Jon Richards yells after a vote was cast in the Wisconsin Assembly chambers Thursday in Madison. (Morry Gash / AP) Back to slideshow navigation
  9. Wisconsin State Rep. Brett Hulsey (D-WI) flashes the peace sign after the House voted to pass the state's controversial budget bill in the Wisconsin assembly chamber on Thursday in Madison. (Justin Sullivan / Getty Images) Back to slideshow navigation
  10. The statue "Forward" displays a new sign at the State Capitol in Madison on Thursday, the day after the Senate passed the governor's controversial budget repair bill. (Steve Apps / AP) Back to slideshow navigation
  11. Erving Smith, of Madison, Wis., shouts at law enforcement personnel after he was slightly injured while being carried out of the Assembly Room lobby in Madison on Thursday, March 10. (John Hart / Wisconsin State Journal via AP) Back to slideshow navigation
  12. Protesters get kicked out by police from the Wisconsin state assembly chamber as they try to block access to the chambers in Madison on March 10. (Carlos Javier Ortiz / EPA) Back to slideshow navigation
  13. Wisconsin Rep. Cory Mason, center, talks to protesters in the rotunda of the state Capitol in Madison, Wis., on Wednesday, March 9, after demonstrators retook the Capitol building. (Andy Manis / AP) Back to slideshow navigation
  14. Assembly Minority Leader Peter Barca, D-Kensoha, center, calls an impromptu news conference March 9 after Republicans in the Wisconsin Senate voted to strip nearly all collective bargaining rights from public workers after discovering a way to bypass the chamber's missing Democrats. (Andy Manis / AP) Back to slideshow navigation
  15. Tears roll down the face of Liz Sanger of Madison, Wis., after the state Senate passed the budget repair bill following a meeting of a state Legislature conference committee at the state Capitol in Madison, Wis., March 9. (Michael P. King / AP) Back to slideshow navigation
  16. Wisc. Sen. Robert Cowles, R-Green Bay, is escorted out of the state Capitol in Madison, March 9, after Republicans in the Senate voted to strip nearly all collective bargaining rights from public workers after discovering a way to bypass the chamber's missing Democrats. (Andy Manis / AP) Back to slideshow navigation
  17. Opponents of Wisconsin Gov. Scott Walker's budget repair bill deride legislators as they leave the senate parlor at the Wisconsin State Capitol Building where the Senate voted to move forward on an amended version of the controversial bill Wednesday. (John Hart / AP) Back to slideshow navigation
  18. After a protester outside throws a snowball hitting a window at the state Capitol, State Rep. Amy Sue Vruwink, D-Milladore, implores demonstrators to remain peaceful during a press conference of Democratic state Assembly members, March 9. (Michael P. King / AP) Back to slideshow navigation
  19. Helmut Kenies of the Wisconsin Historical Society sifts through hundreds of signs that were removed from the Wisconsin State Capitol on Tuesday, March 8 in Madison. Posters that were left behind by demostrators that occupied the State Capitol were collected and are being made available for people to claim them until this Friday. Select posters that are not claimed will be acquired by the Historical Society. (Justin Sullivan / Getty Images) Back to slideshow navigation
  20. Filmmaker Michael Moore speaks to a crowd during a march and rally at the Wisconsin State Capitol on Saturday, March 5 in Madison. Thousands of demonstrators are staging a protest at the Capitol against Governor Scott Walker's attempt to push through a bill that would restrict collective bargaining for most government workers in the state. (Justin Sullivan / Getty Images) Back to slideshow navigation
  21. Union members protest inside the Wisconsin Capitol on Friday, March 4, in Madison. Some demonstrators returned to the Capitol hours after they were forced to vacate the building after occupying it for more than two weeks. They are protesting Gov. Scott Walker's attempt to push through a bill that would restrict collective bargaining for most government workers in the state. (Justin Sullivan / Getty Images) Back to slideshow navigation
  22. Republican state Sen. Glenn Grothman talks with demonstrators Mark Dziedzic, left, and Jeff Dziedzic inside the state Capitol on March 4. (Justin Sullivan / Getty Images) Back to slideshow navigation
  23. Wisconsin Minority Leader Peter Barca, D-Kensoha, celebrates with other lawmakers and protesters March 3 outside of the state Capitol in Madison after a judge ordered the Department of Administration to open the Capitol to normal business hours. (Andy Manis / AP) Back to slideshow navigation
  24. A police officer blocks an entrance of the Wisconsin State Capitol on Thursday. A Wisconsin judge ordered all of the pro-union protesters to leave the Capitol after they had camped out inside the building for two weeks. The judge also ruled that the state had violated the public's free speech and assembly rights by restricting access to the building. (Justin Sullivan / Getty Images) Back to slideshow navigation
  25. Protesters celebrate as they walk outside of the state Capitol after a judge ordered the Department of Administration to open the Capitol to normal business hours. (Andy Manis / AP) Back to slideshow navigation
  26. Protesters wake-up outside of the state Capitol, Thursday in Madison after sleeping the night. Opponents to the governor's bill to eliminate collective bargaining rights for many state workers are in their 16th day of protests. The Wisconsin Department of Administration officials shut the doors to many protesters and some chose to sleep outside. (Andy Manis / AP) Back to slideshow navigation
  27. Wisconsin State representative Fred Clark. left, meets with constituents at his desk outside the capitol building on March 2. Clark and several other Democrat members of the assembly moved their offices outside the building because of the difficulties the public was having entering the building which has been essentially locked down to prevent protestors from spending the night inside. (Scott Olson / Getty Images) Back to slideshow navigation
  28. Demonstrators protest in a hallway below the assembly chamber where Wisconsin Governor Scott Walker was delivering his budget address to a joint session of the legislature at the capitol on March 1. (Scott Olson / Getty Images) Back to slideshow navigation
  29. Union Iron Worker Randy Bryce of Milwaukee shows police a court order to open the doors of the state Capitol in Madison, Wis., Tuesday, March 1. It was the 14th day of protests against the governor's bill to eliminate collective bargaining rights for many state workers. (Andy Manis / AP) Back to slideshow navigation
  30. Opponents to the governor's bill protest at the state Capitol on March 1. (Andy Manis / AP) Back to slideshow navigation
  31. Democrats refuse to stand as Gov. Scott Walker arrives to deliver his budget address to a joint session of the Legislature, March 1 in Madison. (Scott Olson / Getty Images) Back to slideshow navigation
  32. Police stand in the rotunda of the State Capitol on Feb. 27 in Madison. (Scott Olson / Getty Images) Back to slideshow navigation
  33. Damon Terrrell speaks to protesters at the State Capitol in on Feb. 27. (Andy Manis / AP) Back to slideshow navigation
  34. Opponents to the governor's bill to eliminate collective bargaining rights for many state workers protest outside of the State Capitol on Feb. 26. (Andy Manis / AP) Back to slideshow navigation
  35. Rally supporters hang an American flag from fourth floor windows of the State Capitol as thousands of opponents of Governor Scott Walker's budget repair bill gather for ongoing protests inside and outside the State Capitol on Feb. 26. (John Hart / Wisconsin State Journal via AP) Back to slideshow navigation
  36. Protesters gather in the rotunda of the Wisconsin Capitol in Madison the morning of Friday, Feb. 25, after the Assembly passed a bill ending most state worker collective bargaining rights. (Carlos Javier Ortiz / EPA) Back to slideshow navigation
  37. Protesters who identified themselves as Kenosha city and county workers hold signs as Wisconsin Gov. Scott Walker's plane flies away after his news conference about his budget repair bill at the Kenosha Airport in Kenosha, Wis., on Friday, Feb. 25. (Mark Hertzberg / AP) Back to slideshow navigation
  38. Messages left by supporters protesting in the State Capitol are stuck on the office entrance of Wisconsin State Assemblyman Brett Hulsey on Feb. 25. (Scott Olson / Getty Images) Back to slideshow navigation
  39. Ryan Eykholt of Madison, Wis., plays "This Land Is Your Land" during a protest at the state Capitol in Madison on Friday, Feb. 25, over the governor's proposed budget measures. (Andy Manis / AP) Back to slideshow navigation
  40. Standing beside fellow Assembly Democrats, State Rep. Christine Sinicki approaches the front of the chamber in outrage as their Republican counterparts cut off debate and vote on the budget repair bill in session at the state Capitol in Madison, Wis., early Friday morning, Feb. 25. (Michael P. King / Wisconsin State Journal via AP) Back to slideshow navigation
  41. Protester Bridgette O'Brien of Elroy, Wis., does a morning routine of yoga at the state Capitol in Madison, Wis., on Friday, Feb. 25 before another day of protesting. (Andy Manis / AP) Back to slideshow navigation
  42. Escorted by law enforcement officers, Assembly Republicans exit the state Capitol after cutting off debate and rapidly voting to pass a controversial budget repair bill in the state Assembly in Madison, Wis., on Friday, Feb. 25. (Michael P. King / AP) Back to slideshow navigation
  43. Assembly Democrats wave to protesters, thanking them after Republicans cut off debate and rapidly voted to pass a controversial budget repair bill in the state Assembly at the state Capitol in Madison, Wis., early Friday, Feb. 25. (Michael P. King / Wisconsin State Journal via AP) Back to slideshow navigation
  44. Wisconsin Reps. Peter Barca, D-Kenosha, left, and Donna Seidel, D-Wausau, walk to the governor's office at the state Capitol in Madison, Wis., on Thursday, Feb. 24. Opponents of the governor's bill to eliminate collective bargaining rights for many state workers were in their 10th day of protests. Gov. Scott Walker was trying to get at least one Democratic senator back to the Capitol to vote on the bill. (Andy Manis / AP) Back to slideshow navigation
  45. Wisconsin Democratic state Sens. Tim Cullen, left, and Robert Jauch leave a home on Thursday, Feb. 24, in Woodstock, Ill. The senators have been in Illinois after leaving Wisconsin to try to stop a vote on bill that would take away public workers' collective bargaining rights. (Lauren M. Anderson / AP) Back to slideshow navigation
  46. Opponents of the governor's bill to eliminate collective bargaining rights for many state workers sleep on the floor of the rotunda at the state Capitol on Feb. 24. (Andy Manis / AP) Back to slideshow navigation
  47. Wisconsin state representatives start to fade as they listen to arguments on one of the expected 200 amendments to the governor's budget bill early Feb. 24. (Scott Olson / Getty Images) Back to slideshow navigation
  48. A protester sleeps on the floor in the Capitol on Feb. 23. (Scott Olson / Getty Images) Back to slideshow navigation
  49. Protesters sleep in the rotunda of the Capitol on Feb. 23. (Scott Olson / Getty Images) Back to slideshow navigation
  50. Democratic and Republican assembly members rise before the start of a session Feb. 22. (Darren Hauck / Reuters) Back to slideshow navigation
  51. Teamsters President James Hoffa speaks at a rally in the Capitol on Feb. 23. (Andy Manis / AP) Back to slideshow navigation
  52. Wisconsin Gov. Scott Walker pauses while giving an address in Madison on Feb. 22. to explain his budget bill. (Pool / Reuters) Back to slideshow navigation
  53. A man sits surrounded by protesters' signs at the state Capitol in Madison on Feb. 22. (Darren Hauck / Reuters) Back to slideshow navigation
  54. Protesters walk outside the Wisconsin Capitol on Feb. 22. (Jeffrey Phelps / AP) Back to slideshow navigation
  55. Opponents of Walker's budget bill sleep in the rotunda on Feb. 22. (John Hart / Wisconsin State Journal via AP) Back to slideshow navigation
  56. John Henneman, left, and Dan Kuhl, right, teachers from Wisconsin Rapids, protest Feb. 21 outside the King Street entrance to the Capitol. (Steve Apps / AP) Back to slideshow navigation
  57. A protester gestures in the Capitol building, after a week's mass protest against Walker's bill on Feb. 21. (Darren Hauck / Reuters) Back to slideshow navigation
  58. Kathryn Schulze delivers a silent message at the state Capitol on Feb. 21. (Jeffrey Phelps / AP) Back to slideshow navigation
  59. Protesters rest inside the State Capitol on Feb. 21 in Madison. (Jeffrey Phelps / AP) Back to slideshow navigation
  60. Arnold Chevalier, left, of Stoughton, Wis., shouts inside the State Capitol on Monday. (Jeffrey Phelps / AP) Back to slideshow navigation
  61. State Majority Leader Scott Fitzgerald (R-WI) speaks to Democratic Senators via telephone during a meeting of the committee for Senate Organization inside the Wisconsin State Capitol on Monday. (Eric Thayer / Getty Images) Back to slideshow navigation
  62. A union advocate, left, and a Tea Party supporter argue in Madison, Wis. on Feb. 19, on the grounds of State Capitol over the governor's proposed budget bill. (Andy Manis / AP) Back to slideshow navigation
  63. About 30 members of the AFSCME, the American Federation of State, County and Municipal Employees, protest State Rep. Robin Vos, R-Rochester on Feb. 19. (Scott Anderson / AP) Back to slideshow navigation
  64. Protesters gather outside the state Capitol in Madison, Wis. on Feb. 19. A few dozen police officers stood between supporters of Republican Gov. Scott Walker on the muddy east lawn of the Capitol and the much larger group of pro-labor demonstrators who surrounded them. (Andy Manis / AP) Back to slideshow navigation
  65. Protestors take a moment to rest inside a bus shelter as crowds continue to gather at the State Capitol grounds, while members of the Wisconsin state government discuss the proposed bill by Gov. Scott Walker in Madison on Feb. 19. (Darren Hauck / Reuters) Back to slideshow navigation
  66. Democratic Wisconsin Assembly members cheer on the crowd on the fourth day of large scale protests outside of the State Capitol in Madison on Feb. 18. (Andy Manis / AP) Back to slideshow navigation
  67. Teacher Nicole North Hester, right, cries and applauds as union iron workers pass by during the fourth day of large demonstrations at the State Capitol on Feb. 18. (Andy Manis / AP) Back to slideshow navigation
  68. Two protesters put up a sign at the State Capitol on Feb. 17, that reads "Run Dems Run" in support of 14 state Senators that have left the state in opposition the bill to eliminate collective bargaining rights for many state workers. (Andy Manis / AP) Back to slideshow navigation
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  1. Image: Massive crowds gather to see 14 democratic senators that left state to protest bill proposed by Gov. Walker as crowds continued to protest at the Wisconsin State Capitol in Madison
    Darren Hauck / Reuters
    Above: Slideshow (68) Protests in Wisconsin
  2. Joe Heller / Green Bay Press Gazette, Politicalcartoons.com
    Slideshow (7) Wisconsin Protests

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