Civics: Litigation, Budgets, K-12 Governance and Act 10
The seven unions and three union leaders that brought the lawsuit argued that the law should be struck down because it creates unconstitutional exemptions for firefighters and other public safety workers. Attorneys for the Legislature and state agencies countered that the exemptions are legal, have already been upheld by other courts, and that the case should be dismissed.
But Frost sided with the unions in July, saying the law violates equal protection guarantees in the Wisconsin Constitution by dividing public employees into “general” and “public safety” employees. He ruled that general employee unions, like those representing teachers, can not be treated differently from public safety unions that were exempt from the law.
His ruling Monday delineated the dozens of specific provisions in the law that must be struck.
Wisconsin Republican Assembly Speaker Robin Vos said he looked forward to appealing the ruling.
“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges,” Vos said in a statement.
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WMC:
Following the decision, Wisconsin Manufacturers & Commerce (WMC) President & CEO Kurt R. Bauer released the below statement:
“This ruling is wrong on its face and is inconsistent with the law.
“Act 10 is not only constitutional, it is a critical tool for policymakers and elected officials to balance budgets and find taxpayer savings. Thanks to Act 10, the state, local governments and countless school districts have saved billions and billions of dollars – protecting Wisconsinites from massive tax increases over the last decade-plus.
“WMC and our members hope this ruling will be appealed and that Act 10 will be reinstated as quickly as possible.”
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IRG:
“Reverting back to pre-Act 10 labor relations will upend local government operations. But more devastating is the potential impact to jurisprudence in Wisconsin. Deferring to Legislative determinations in all but the most extreme cases is a fundamental principle in our tripartite form of government,” said Jake Curtis, General Counsel and Director of the CIO for the Institute for Reforming Government. “Whether one agreed or disagreed with the policy decisions made by the 2011 Legislature, we should all agree it had a rational basis for the decisions it made. Rejecting this key principle will have negative consequences for years to come and upends key separation of powers principles. This decision must not stand.”
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Much more on Act 10, here.