Judge Strikes Down Wis. Law Limiting Union Rights (link to ruling)

[lutefisk]

Link to the ruling:
http://www.wispolitics.com/1006/120914mti_v_walker.pdf

MADISON, Wis. September 14, 2012, 06:02 pm ET
MADISON, Wis. (AP) — A Wisconsin judge on Friday struck down the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.

It was not clear if the ruling means the law is immediately suspended. The law took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

Dane County Circuit Judge Juan Colas ruled that the law violates both the state and U.S. Constitution and is null and void. The ruling comes after a lawsuit brought by the Madison teachers union and a union for Milwaukee city employees.

Walker spokesman Cullen Werwie said he was confident the decision will be overturned on appeal.

http://www.npr.org/templates/story/story.php?storyId=161175667

I have no idea what will happen next.

(cross posted in LBN)

[midnight]

1. K&R for those who know more about this ruling to please explain....

[barbtries]

2. good news

looks like it will go to the supreme court?

[lutefisk]

3. Here's more on the ruling:

A Dane County judge on Friday struck down the controversial 2011 collective bargaining law because he said it violates the Wisconsin and U.S. constitutions' guarantees of free speech and freedom of association.

Ruling in a lawsuit brought by Madison Teachers Inc. and a union representing public workers in Milwaukee, Circuit Judge Juan B. Colas said in a 27-page decision that sections of the law "single out and encumber the rights of those employees who choose union membership and representation solely because of that association and therefore infringe upon the rights of free speech and association" guaranteed by the state and federal constitutions.

Colas also ruled that the law violates the constitutional equal protection clause by creating separate classes of state workers who are treated differently and unequally under the law.

http://host.madison.com/wsj/news/local/govt-and-politics/judge-strikes-down-walker-s-law-ending-collective-bargaining-rights/article_ded3b708-feb5-11e1-a29a-001a4bcf887a.html

[midnight]

5. Divide and concur was created to violate equal protection by creating separate classes of state

workers that are treated differently and unequally under the law.... So glad to hear that it will not be allowed... So I hope this means we can say good bye to Conquer and divide...

[charmay]

4. No matter what happens with appeals...

Wanker will go to bed with a headache tonight.

[ewagner]

6. Dane County Circuit Court

This is on track in the State, not federal, courts...that means it will end up in the State Supreme Court and we all know how that's going to go.

[lutefisk]

8. Kathy Nickolaus = Prosser

The Walker Administration knew they needed that election, and she came through.

I still have hope this might stand...

[dragonlady]

9. Then let's switch the balance of the Supreme Court

Justice Roggensack is up for election next spring. We came so close to electing a progressive justice last time with JoAnne Kloppenburg (who, by the way, was installed on the state court of appeals just last week). If a quality candidate on our side will step up to run, it's quite do-able. Let's put on a huge push in the spring election--superintendent of public instruction is also up, not to mention local government and school board positions.

Roggensack's term expires July 31, 2013. At the pace that courts process appeals, who knows whether her term would expire before this case reaches the Supreme Court.

[midnight]

10. dragonlady this is great news, but who did Joanne replace? Thanks..

[dragonlady]

11. According to the Wisconsin Courts website

the previous judge was Judge Margaret J. Vergeront, who apparently did not run again. There are four separate districts of the Court of Appeals, and JoAnne sits on District IV, which covers Dane County and the southwest part of the state. (Roggensack was a judge on this court before she ran for Supreme Court.)

Lots of interesting information about Wisconsin courts here:
http://www.wicourts.gov/index.jsp

[midnight]

13. Thanks for the link I'm going to bookmarked that, and for your explanation of JoAnne's district....

[hue]

7. I think we should use their tactic an stall for a couple of years with frivolous exceptions or

additional info. By that time Walker will be in a federal prison...

[hue]

12. WI AG Van Hollen's statement...

Confirmation that attorney general will appeal Act 10 decision

MADISON, Wis. - Wisconsin attorney general J.B. Van Hollen believes a Dane County judge did not make a fair ruling in deciding that the collective bargaining law is unconstitutional.

His office plans to appeal.

In a statement released Saturday, Van Hollen says, "We believe that Act 10 is constitutional in all respects and will be appealing this decision. We also will be seeking a stay of Friday's decision pending appeal in order to allow the law to continue in effect as it has for more than a year while the appellate courts address the legal issues."


http://www.todaystmj4.com/news/local/169902816.html

[midnight]

14. Van Hollen can't allow the working people to bargain on:workplace safety, vacation, health benefits.

I wonder when his up for re-election?

[dragonlady]

15. Next election is 2014

Someone should think about challenging him, starting now.

[midnight]

16. Do you have any thoughts as to who would make a good candidate...