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Collective Bargaining Law Determined Unconstitutional

A Dane County judge has declared Act 10 — the budget repair bill — as unconstitutional at both the state and federal levels.

The law that ended most collective bargaining rights for public employees was struck down Friday by Dane County Circuit Judge Juan Colas.

According to our media partners at Fox 6 News, Colas ruled Act 10 — the budget repair bill — as null and void because the law violates both the state and US Constitutions. Specifically, the law violates the guarantee of freedom of speech and citizens' freedom of association.

Colas' 27-page decision is summarized in The Capital Times, quoting the judge's primary reason for his decision as " (Act 10) single(s) out and encumber(s) 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."

Act 10 also violates the constitutional right of equal protection under the law by creating separate classes of state workers who would be treated unequally and unfairly under the law, Colas determined.

The decision comes after the Madison teachers union and a Milwaukee city employee union filed suit. It is unclear just yet if this means the law is suspended immediately or how it will stand up after a federal judge issued a ruling on these same matters last March.

In a case brought by a group of unions right after Act 10 was passed, US District Judge William Conley . In a nutshell, he rejected assertions that the law violates any equal protection under the law clauses, but he ordered that automatic dues withdrawals be reinstated by May 31 because public safety employee unions are not held to the same standards.

Gov. Scott Walker issued a statement saying he is confident the ruling will be overturned.

"The people of Wisconsin clearly spoke on June 5th.  Now, they are ready to move on. Sadly a liberal activist judge in Dane County wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor," he wrote. "We are confident that the state will ultimately prevail in the appeals process."

Patch will update this story as more details become available.

Ed Larson October 27, 2012 at 06:40 PM
Public unions have become blood sucking parasites. Deal with it John W.
John Wilson October 27, 2012 at 11:09 PM
Ed Larsen - Both PUBLIC unions & PRIVATE unions have FORCED the greedy corporate business owners to increase the Wages & Benefits of the economic SLAVES that they play MASTER to. That is the proximate cause of all the hatred by private business of all unions. These businesses are simply not competitive in the labor market when they want to pay a worker $9.00 and no benefits, when the same worker can walk across the street and get the same position, under a union contract, and receive $20.00 per hour, plus great benefits. Face it, private businesses really want SLAVES not employees; their employees cannot rise out of poverty with the wage they are willing to pay. There is currently more of a need for unions NOW, than there were 100-years ago!
Ed Larson October 28, 2012 at 12:25 PM
John Wilson. Private unions are fine as long as both sides can say no more and walk away. Public unions negotiate with their peers and hold the taxpayer hostage by supporting legislators that protect their interests above those of the average taxpayer. Public employee unions are a rigged game and the taxpayer always looses.
John Wilson October 28, 2012 at 04:28 PM
Ed Larsen - "Public unions negotiate with their peers and hold the taxpayer hostage by supporting legislators that protect their interests above those of the average taxpayer. Public employee unions are a rigged game and the taxpayer always looses." There is nothing wrong with negotiating with your peers; however, that is not what public unions do... further, if you have a problem with any legislator, supposedly supporting a unions interest over the taxpayer, get rid of the LEGISLATOR! It sounds like the LEGISLATOR is your ISSUE here, not the UNION! Union folks, just like non-union folks are just attempting to make a living, feed their family, get out of poverty, perhaps actually get into the middle class; you know, realize the AMERICAN DREAM. All you want to do is close down one of the best avenues for hard-working folks to transition there. [It really is the GAME; do not blame the players!] I’m sending you a SWAT team so you will no longer have to be a hostage; every part of our great Democratic politics is rigged, you just do not see or comprehend how truly dysfunctional it has become with corporations, businesses and money driving everything… It is nice to demonize the PUBLIC UNIONS though, at least you have SOMEONE to blame.
John Feia October 28, 2012 at 04:34 PM
Why didn't the Governor include Police and Fire Fighters in his purge of the evils of collective bargaining? Because it was a political farce designed to engage all of you self indulgent lemmings like it has. It is a message that says we can't fairly bargain with others so lets just outlaw it. Things shouldn't and don't work that way.
Ed Larson October 28, 2012 at 08:58 PM
John Wilson said: "There is nothing wrong with negotiating with your peers; however, that is not what public unions do... further, if you have a problem with any legislator, supposedly supporting a unions interest over the taxpayer, get rid of the LEGISLATOR! It sounds like the LEGISLATOR is your ISSUE here, not the UNION!" What I have is problem with is the the over influence public employee unions have in the political process. How about we ban public employee union contributions to politicians. Deal?
Ed Larson October 28, 2012 at 09:01 PM
@John Feia, One step at a time. We got to where we are incrementally and that is how we will get back to a sane public employee negotiating policy.
John Wilson October 28, 2012 at 10:27 PM
Ed Larsen - "What I have is problem with is the the over influence public employee unions have in the political process. How about we ban public employee union contributions to politicians. Deal?" Let's ban blue-eyed, blond haired people from contributing to any politician or campaign... yah, that is unconstitutional too! I know, let's just throw away the Constitution and make everyone just vote the way YOU WANT THEM TOO! What a way to go!
James R Hoffa October 28, 2012 at 10:43 PM
The biggest farce about this whole thing is that Judge Colas admitted in his ruling on the motion for stay of decision pending appeal that the state will probably succeed upon appeal of overturning his ruling, thus validating the constitutionality of Act 10, but denied the stay anyway. http://www.thewheelerreport.com/releases/October12/1022/1022mtivwalker.pdf "Defendants have shown they are likely to succeed on appeal, because the Supreme Court has held that an appeal of a ruling that a statute is unconstitutional must always be found likely to succeed, without consideration of the strength of the arguments on constitutionality or of the decision being appealed." Essentially proving that liberal Dane County Judges are purposefully interfering out of ideological considerations as opposed to following the law, as they're supposed to do. This should outrage every citizen of this state!
Ed Larson October 28, 2012 at 10:50 PM
No one is throwing away the constitution except the leftist judge in Madison and those who desperately want his decision to stand.
John Wilson October 28, 2012 at 11:41 PM
Boffa - "The biggest farce about this whole thing is that..." Boffa is commenting on a LEGAL ARGUMENT... Quick, grab your pitchforks, Bibles, guns and let’s all meet at the Road Kill Rest, and take Boffa to a BASIC LEGAL COURSE… Perhaps we may incite him enough to obtain some BASIC LEGAL KNOWLEDGE… KEY: "Defendants have shown they are likely to succeed on appeal, [because the Supreme Court has held that an appeal of a ruling that a statute is unconstitutional must always be found likely to succeed, WITHOUT CONSIDERATION of the STRENGTH of the ARGUMENTS on CONSTITUTIONAL or of the DECISION BEING APPEALED."] In other words, the Supreme Court has always held that an appeal of a ruling that a statute is unconstitutional MUST BE FOUND LIKELY TO SUCCEED, no matter how strong, good and legally sufficient that argument is. Now that’s a really profound legal standard! Let's all be outraged, AT THE SUPREME COURT!
John Feia October 28, 2012 at 11:57 PM
Well it outrages you which is encouraging.
John Wilson October 29, 2012 at 12:02 AM
Boffa – You will notice that Boffa ONLY CITES a part of the paragraph that contains the quote – duplicitous much? And, he does NOT cite the other (3) reasons! “Defendants have shown they are likely to succeed on appeal, because the Supreme Court has held that an appeal of a ruling that a statute is unconstitutional must always be found likely to succeed, without consideration of the strength of the argument on constitutionality or of the decision being appealed. However, likelihood of success is only one of the four factors and it is weighed with the other three. Defendants have failed to show that they will suffer irreparable harm if the stay is not granted and that a stay will not harm other interested parties or the public interest, the other three factors. Thus, the court denies the motion for the reasons detailed below.” How Lyin’ Ryan [Boffa] of you to mislead, lie and dissemble… typical Republican trash!
James R Hoffa October 29, 2012 at 12:44 AM
@Lyin' John Wilson - You'll notice that the other three reasons you cite pertain solely to the granting of a stay, and not the likelihood of the state's success upon appeal. When the Appellate and/or Supreme Court overturn Colas' decision, will you apologize to Hoffa?
John Wilson October 29, 2012 at 01:28 AM
Boffa – You are the most duplicitous person on this blog and you are WRONG! ALL (4) are elements of the STAY! I have NEVER BEEN WRONG when I have CORRECTED YOU AND YOUR DUPLICITY… and I NEVER WILL BE! You should apologize to ALL of SE WI and the PATCH; YOU ARE SO FAR BELOW HUMAN GARBAGE!
The Anti-Alinsky October 29, 2012 at 01:30 AM
Comrade John wrote: "Both PUBLIC unions & PRIVATE unions have FORCED the greedy corporate business owners to increase the Wages & Benefits of the economic SLAVES that they play MASTER to. " Wow. It only took you 43 days to come up with a response, wrong as usual I might add. But my question is...what does a PUBLIC union have to do with a PRIVATE union? I really want to hear your convoluted logic on this one.
The Anti-Alinsky October 29, 2012 at 01:34 AM
Comrade John is just upset with Hoffa because he is right more often than Comrade John. 285% more right.
John Wilson October 29, 2012 at 02:31 AM
The Anti-Alinsky - YOU and LOGIC shall never meet...
Bewildered October 29, 2012 at 02:40 AM
Enough garbage, Wilson. Just to remind fellow Patchers what one is dealing with when engaging John Wilson, what follows are some his recent quotes: "Mormon cult" "An “unborn child” is totally disingenuous and an obvious attempt to bestow attributes – typical emotional argument – upon a biological organism that they do not have. Your “unborn child” is, in fact, a fetus" "As I see it, an ovum/fetus has no RIGHT TO LIFE" "the RED, COMMUNIST MOAMMAR WALKER PARTY " "the RED, COMMUNIST REPUBLICAN PARTY" "In today’s America if Slavery was put to a popular vote, it would pass" This individual tries hard to hide his beliefs, but as one can see by his above slip-ups when trying to appear rational, John Wilson's true character has some serious issues that need help . Do not engage him. Just let him be happy in his own fantasy (albeit warped) world.
Craig October 29, 2012 at 03:16 AM
Wilson, I think you deserve a vacation. Maybe Atlantic city would be good for you? No worries for you about Sandy, your head is so full of air you can't drown.
John Feia October 29, 2012 at 05:59 AM
Another intelligent comment. Nice ...
dee50 October 29, 2012 at 05:27 PM
@John Wilson, you wrote regarding Hoffa or Boffa..Lol.... "You are the most duplicitous person on this blog and you are WRONG!" That was the most accurate line of information I have heard so far on this board! Keep up the good fight with the truth, John:)
John Wilson October 29, 2012 at 05:35 PM
Boffa - Boffa is very fond of quoting certain sentences, wholly taken out of context; to deceive you into believing that his faux lawyering is somehow not only exemplary, but also far exceeds that of our nations Supreme Court. It is the duplicitous nature of Boffa and his Patch sycophants to lie, mislead, name-call, and distort as much as possible; it comes with the Republican mental/moral disorder termed: Wishful Thinking. It comes from the same manure pile that Willard eats from, where every day is an opportunity for another 180 degree switch of position or rationale. THE MISSING PART OF BOFFA'S QUOTE: "However, likelihood of success is only ONE of the FOUR factors and it is weighed with the other THREE. Defendants have failed to show that they will suffer irreparable harm if the stay is not granted and that a stay will not harm other interested parties or the public interest, the other three factors. Thus, the court denies the motion for the reasons detailed below.” I have previously prove Boffa wrong on the Supreme Court’s ruling on ACA, J.B. Van Hollen getting a STAY and Red States, where conservatives and religious folks consume more pornography than their blue or purple state counterparts. Rest assured my favorite piñata will be monitored for hs Wishful Thinking excesses and duplicity; his derriere-sniffing minions, will, of course, attempt to defend Boffa, because they are merely clones…
Ed Larson October 29, 2012 at 05:59 PM
John the demented Wilson wrote: " it comes with the Republican mental/moral disorder termed: Wishful Thinking." The Democrats live in Delusionville. They actually think we can keep borrowing 40 cents of every dollar the fed spends, that public employee unions are virtuous, the rich can pay for everything we want and that the the bill for crazy overspending never will come due.
John Feia October 29, 2012 at 07:34 PM
So it is the federal government's spending on public employee unions that is at issue here? I thought this was a State issue.
Ed Larson October 29, 2012 at 08:05 PM
John F., perhaps you have forgotten how the states and the public employee unions were bailed out with federal tax dollars. Facts are stubborn things john.
John Feia October 29, 2012 at 08:23 PM
If you are referring to Illinois request for federal funds with their pension problems did you recall that the funding was in the form of a loan? Regardless, the topic of this post as the constitutionality of the law force fed through the system by our Governor. The "fact" is that your attempt to introduce residual topics to the conversation are unrelated and inconsequental.
Bewildered October 29, 2012 at 10:04 PM
Wow, John, just Wow! Love Your last paragraph: "Rest assured my favorite ....." Well though out and insightful. P.S. this guy really needs help. Or even scarier (after all it is Halloween), Wilson may actually believe his own drivel
Michael McClusky October 29, 2012 at 11:08 PM
@John Wilson Are you off of your medication again? How you got out of your strait jacket I'll never know.
The Anti-Alinsky November 01, 2012 at 08:27 PM
Bewildered, Half the fun is proving Johnny wrong. The other half is as you pointed out, seeing him shoot himself in the foot. Johnny's posts are the written equivalent of watching Jack-Ass.

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