September 17. 2012 11:00AM - Last modified: September 17. 2012 11:24AM

Act 10 likely headed to Supreme Court

  
State Attorney General J.B. Van Hollen will ask that enforcement be delayed of a court ruling blocking significant portions of Act 10, the state’s law that revoked most collective bargaining rights from public workers, while the case is under appeal.

On Friday, Dane County Circuit Judge Juan Colas blocked most of the law as applied to municipal and school district workers, including thousands of teachers in the state, finding it to be an unconstitutional infringement of their rights of free speech, freedom of association and equal protection under the law
In a statement, Van Hollen said, "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."
An appeal of the case itself could take as long as six months to reach the Wisconsin Supreme Court after it is considered by the state’s 4th District Court of Appeals.
Colas ruled that the law violates both the state and U.S. Constitution and is null and void.
Walker issued the following statement in response to the court ruling: "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. We are confident that the state will ultimately prevail in the appeals process."
Ed Fallone, associate professor of law at Marquette University, wrote about the ramifications of Colas’ ruling in a Milwaukee Biz Blog today.
 

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