County Judge Strikes Down Some Restrictions on Public Unions in Wisconsin Law

[jackstar7]

http://www.nytimes.com/2012/09/15/us/judge-strikes-parts-of-wisconsin-union-law.html?_r=0

A county judge in Wisconsin on Friday struck down much of the 2011 state law pushed through by Gov. Scott Walker that severely restricts the ability of public employees to bargain collectively.

Judge Juan B. Colás of Dane County Circuit Court overturned the law with regard to city, county and school district workers — although not state employees — ruling that it violated the federal and state Constitutions.

Judge Colás said the Republican-backed measure, which led to huge union protests, violated union members’ freedom of speech and association as well as the equal protection of the laws by subjecting them to penalties not faced by nonunion public employees.

In a statement, Mr. Walker said the state would appeal the ruling. “Sadly, a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the Legislature and the governor,” said Mr. Walker, a Republican. “We are confident that the state will ultimately prevail in the appeals process.”

The state is likely to request a stay delaying the ruling during the appeals process.

Judge Colás overturned the law, known as Act 10, even though the Wisconsin Supreme Court upheld it in June 2011 on different grounds. In its 4-to-3 decision, the court rejected a challenge that the Legislature enacted the law without giving sufficient notice — normally 24 hours is required — under the state’s open-meetings law.

Andrew Coan, an assistant professor at the University of Wisconsin Law School, said that while he could not comment on the merits of the case, in general “it is well within the scope of a trial judge’s authority to issue an order declaring a state law unconstitutional.”

Far from over, but interesting to see a new development for the anti-union legislation. Curious if things might change further in WI after the next election.

 

[Double Trouble]

Without looking it up, I would be willing to wager that the judge in the case is a democrat and/or a liberal. This will get appealed and once again end up in front of the WI supreme court as it did before.

 

[jackstar7]

Without looking it up, I would be willing to wager that the judge in the case is a democrat and/or a liberal. This will get appealed and once again end up in front of the WI supreme court as it did before.

You don't have to look anywhere... it's right in the quoted text:

"In a statement, Mr. Walker said the state would appeal the ruling. “Sadly, a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the Legislature and the governor,” said Mr. Walker, a Republican. “We are confident that the state will ultimately prevail in the appeals process.” "

Sadly, it appears Gov. Walker doesn't understand that the government is comprised of three equal branches...

 

[Rainsford]

It does seem like legally prohibiting collective bargaining for any group has a good chance of being unconstitutional. I also think it's interesting they mentioned the WI Supreme Court's uploading of the law at all in the article considering it had nothing to do with the legality of the provisions in the law at all.

 

[MovingTarget]

You don't have to look anywhere... it's right in the quoted text:

"In a statement, Mr. Walker said the state would appeal the ruling. “Sadly, a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the Legislature and the governor,” said Mr. Walker, a Republican. “We are confident that the state will ultimately prevail in the appeals process.” "

Sadly, it appears Gov. Walker doesn't understand that the government is comprised of three equal branches...

I think that he understands it perfectly. He just wants to trot out the "liberal activist judge" boogeyman to rile his base up before the election. No information on the judge, other than his name, was given in the article.

 

[jackstar7]

I think that he understands it perfectly. He just wants to trot out the "liberal activist judge" boogeyman to rile his base up before the election. No information on the judge, other than his name, was given in the article.

I know. I figured if DT had his confirmation bias already in place, why have him waste any time investigating things?

 

[DCal430]

It does seem like legally prohibiting collective bargaining for any group has a good chance of being unconstitutional. I also think it's interesting they mentioned the WI Supreme Court's uploading of the law at all in the article considering it had nothing to do with the legality of the provisions in the law at all.

The courts have already decided this issue long ago, public employees do not have a constitutional right to collective bargaining. Not even the federal government grants their employees that right.

 

[DCal430]

It is really doubtful this ruling will stand is it throws out decades of precedence.

 

[Thump553]

First, Wisconsin got rid of the county judge system decades ago, back in the sixties or seventies as I recall. Circuit Court judges are state judges.

Second, judges in WI are elected but never run on with a party affiliation. I don't recall whether this is by custom or statute.

Third, like many states, WI requires challenges to state laws to be brought in a specific district, generally that of the state capitol, as was done here.

Fourth, WI allows a party to require a substitution of judge in civil actions (WI Stats 801.58) without being required to prove bias (or anything). If the Walker government thought they wouldn't get a fair hearing with this "liberal activist judge", then why did Walker show his incompetence by failing to substitute against him at the beginning of the case. Dane County is the "home court" for the WI Attorney General's office, I'm positive they are very familiar with every judge sitting there.

Conclusion: Sour grapes on Walker's part, trying to make a legal decision a partisanship matter by slandering and intiminating the trial court.

 

[michal1980]

First, Wisconsin got rid of the county judge system decades ago, back in the sixties or seventies as I recall. Circuit Court judges are state judges.

Second, judges in WI are elected but never run on with a party affiliation. I don't recall whether this is by custom or statute.

Third, like many states, WI requires challenges to state laws to be brought in a specific district, generally that of the state capitol, as was done here.

Fourth, WI allows a party to require a substitution of judge in civil actions (WI Stats 801.58) without being required to prove bias (or anything). If the Walker government thought they wouldn't get a fair hearing with this "liberal activist judge", then why did Walker show his incompetence by failing to substitute against him at the beginning of the case. Dane County is the "home court" for the WI Attorney General's office, I'm positive they are very familiar with every judge sitting there.

Conclusion: Sour grapes on Walker's part, trying to make a legal decision a partisanship matter by slandering and intiminating the trial court.

You ignorance of wisconsin politics is showing.

Judge was appointed by former liberal taxpayer hating govenor Doyle. Dane county is an island of liberalism surround by reality. Its ~70% liberal wackoism, which makes every judge there a lefty wako.

The city is so far out there that the DA wont prosecute any crime caused by liberals.

And geuss what, this law was already held up by the supreme court. yes it was a different argument. But a left wing nut case judge will once again be overrulled.

 

[Sinsear]

This is a great ruling and i hope it gets held up on appeal. Victory for the middle class workers.

 

[Mixolydian]

an island of liberalism surround by reality.

Now THAT'S hilarious!

 

[michal1980]

This is a great ruling and i hope it gets held up on appeal. Victory for the middle class workers.

No its not you fucking retard.

Its only a victory for blood sucking slacker defending public unions.

If this doesn't get over turned, one of two things will happen, thosands of teachers get fired (my preference if the law stands) or every taxpayer in wisconsin will have their taxes go up.

 

[michal1980]

Now THAT'S hilarious!

I didn't know facts are funny.

 

[DCal430]

This is a great ruling and i hope it gets held up on appeal. Victory for the middle class workers.

It won't be upheld, their is DECADES of precedence backing the Wisconsin law. The judge basically ignored previous courts ruling regarding public workers right to unionize.

 

[Mixolydian]

I didn't know facts are funny.

It's the delusion of the far right that is funny.

 

[Smoblikat]

Public collective bargaining is bad, why would anyone support it?

 

[Sinsear]

Public collective bargaining is bad, why would anyone support it?

It wasn't bad a few years ago when the economy was chugging along and the white collar dickwads working in banks, and wall street and fancy companies and on and on looked down on the public employee as beneath them, while they bought investment properties new boats and suv's.

Then the private sector greed brought it all to a grinding halt.


Now it's my turn to laugh as i cruise on through with job security, free healthcare, and pension after 20 years.

 

[cybrsage]

It does seem like legally prohibiting collective bargaining for any group has a good chance of being unconstitutional.

Out of curiosity, can you quote the sections of the state of federal contitution which say people can unionize without any restrictions placed upon said uions? It could be there, but I have yet to see it.