- Jun 26, 2009
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http://www.nytimes.com/2012/09/15/us/judge-strikes-parts-of-wisconsin-union-law.html?_r=0
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.
nytimes said: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 states 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 judges 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.