cont.

However, the Foxconn legislation mandates that any ruling by a lower court that involves the EITM (and its sole beneficiary, Foxconn) must be automatically stayed while the fast-track appeal is pending. For example, if the trial judge hears the evidence and concludes that a violation of Wisconsin’s environmental protection laws is occurring, that judge would normally have the power to issue an injunction ordering Foxconn to immediately cease the challenged activity. The new law takes this remedy away from judges in cases involving Foxconn. If Foxconn is the defendant, a trial judge’s injunction would be automatically suspended, and Foxconn would be free to continue its conduct pending appeal. The trial judge can no longer order the remedy most appropriate to the facts.

In carving out special treatment for Foxconn, the Wisconsin Legislature is encroaching on the powers of the judicial branch to give a single corporation an advantage. In the past, states have offered tax breaks and cash incentives to businesses (this deal is the largest ever), but never before has any state modified its legal system to benefit a single company. This precedent inevitably will lead to other corporate employers demanding similar provisions. This legislation tilts the already-skewed scales of justice in favor of corporate power at the expense of the average citizen.