this theory the plaintiffs have used here. martha: that is a fascinating, fascinating case and who better to ju it with us an judge andrew napolitano, host of fox business network s free com watch . good morning, judge. good morning, martha. martha: it s fascinating, basically justice scalia said look, to the attorney arguing this case on behalf of this class action, you can t argue both ways, you can t say that the local managers were left so much to their own devices they made these decisions about no, i don t like her, i don t want her to be promoted, whatever, then say that this is some overarching walmart policy and hold the entire company responsible. does that make sense to you? justice scalia is in my view accurately stating the law. the we have the supreme court making a decision here between whether individual plaintiffs who can show that they were harmed, that is, they weren t hired or they weren t promoted, or they weren t given raises because of their gender, versus s
implementation. so if you want an answer to the question is this law in effect, republicans say no republicans say yes, democrats say no. bill: mike tobin, thanks, back in madison. sixteen minutes from now we ll talk to the majority leader of the state senate. scott fitzgerald, about the judge s ruling and what is next yet. we thought a legal battle was coming and now we got it, right? martha: they re going to try every trick in the book to try to implement this. we ll talk tom coming up. in the meantime out west, mudslides, sparking a situation on the coast, dozens of families being forced out of their homes. bill: a big budget battle in ohio. the republican governor pitted against members of his own party. we re going to talk to one of them this morning and figure out what s going on there. martha:martha: have you heard at this one? a big spending standoff on capitol hill, democrats, let s say they tipped their hand a little bit in terms of what their strategy is and in a phone c
should take place and you heard that language where she said her earlier restraining order waist misunderstood or ignored because the department of administration here add already begun implementing parts of the law. democrats here in wisconsin are very pleased with the judge s order, they say it answers the big question of whether this law is in effect. democrats say the answer is no. now it should be crystal clear to the governor and to the secretary of administration that they can no longer proceed in implementing this law. reporter: now wisconsin republicans will continue to misunderstand or ignore the language in the judge s restraining order. a spokesman for the department of justice say the judge s order only applies to those parties on the suits, specifically, the secretary of state. he can t move forward with publication of the law, which is the final step before the law goes into effect, but wisconsin republicans say since the legislative review board published that law l
and there is a lot of risks involved, and everyone that work with animals know that. bill: 13 months after the trainer died in a killer whale attack, the whale is performing in the same tank, again. we ll find out why. martha: unbelievable story. we ll talk about that and the fight over union rights in wisconsin, folks, is heating up, once again. now, it is facing a brand new hurdle, a judge s order. just came down, we ll ask the republican majority leader, of wisconsin state senate, can they win this round. bill: also, president obama telling the nation involvement by the u.s. and libya will be over quickly. and, is that still the case and can he be so sure in next, a great panel, fair and balanced debate on that.
company, good to see you. bill: wisconsin now, a judge there blocking the state s budget law, now for a second time, that judge saying an earlier ruling, placing a restraining order on the measure was either ignored or misunderstood. now scott walker, republican, says the law goes well beyond limiting the bargaining rights of teachers but goes to the core of education and learning in that state. one of the things things we talk about the budget and trying to work on is putting in a statewide effort to assess the schools, there s a grading system a-f, public, private or charter that allows all parents to make sure they have the tools they need to put their kids in the schools that are succeeding and not in the schools that are failing. bill: so what happens? mike tobin is back in madison, wisconsin. good morning, mike. reporter: good morning, bill. the circuit court judge, miry ann sumi has weighed in on this budget law battle out here, saying no permit