Dane County Circuit Court Judge Jacob Frost confirmed what we all knew for the past 13 years – that Scott Walker’s self-proclaimed legacy, Act 10, was indeed illegal and unconstitutional. Furthermore, Frost proclaimed that the law is so broken, there’s no way it can be fixed:
“Nobody could provide this Court an explanation that reasonably showed why municipal police and fire and State Troopers are considered public safety employees, but Capitol Police, UW Police and conservation wardens, who have the same authority and do the same work, are not,” Frost wrote in his July ruling. “Thus, Capitol Police, UW Police, and conservation wardens are treated unequally with no rational basis for that difference.”
In his Monday ruling, Frost determined that more than 60 sections of Act 10 are no longer enforceable — as well as several sections of Act 55, a 2015 follow-up to Act 10, which the plaintiffs in the 2023 lawsuit also allege violate the state Constitution by treating certain public sector employees differently.
“Act 10 as written by the Legislature specifically and narrowly defines ‘public safety employee.’ It is that definition which is unconstitutional,” Frost wrote.
Many of the sections struck down by Frost pertain to setting wage increases for municipal employees and bargaining power of such employees.
Even though the ruling does give public sector unions the right to get back to the negotiating table, they are in no hurry to do so, knowing that the Republicans can’t give up without a fight dare they lose their checks from the dark money groups like the Wisconsin Manufacturers and Commerce and the Bradley Foundation.
Robin Vos had said as much:
Wisconsin Republican Assembly Speaker Robin Vos promised as much in a statement Monday afternoon criticizing the judge’s ruling.
“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges. Act 10 has saved Wisconsin taxpayers more than $16 billion. We look forward to presenting our arguments on appeal,” Vos said.
No appeal has yet been filed.
The law has withstood a number of legal challenges in the past, including in 2014 when the then-conservative Wisconsin Supreme Court rejected a lawsuit that sought to paint Act 10 as unconstitutional.
I can’t wait to see his face when he is reminded that the Wisconsin Supreme Court now serves the Constitution and the people again and not the dark moneyed special interests.
Meanwhile, let’s collect as many of the right winger tears as we can. They make an excellent mixer in brandy old fashioneds or whatever your favorite drink might be.
Cross posted from Cog Dis
