This post originally appeared at https://reforminggovernment.org/judge-rules-against-act-10-final-ruling-to-come/

What Happened: On the eve of July 4th, Dane County Circuit Court Judge Jacob Frost, a Governor Walker recall signer, issued a decision in the most recent challenge to Act 10, denying the Legislature’s Motion to Dismiss.  The Court rejected the Legislature’s argument that the case should be dismissed on laches and claim preclusion grounds.  Specifically with respect to preclusion, the Court disagreed the 7th Circuit’s 2013 WEAC decision and the Wisconsin Supreme Court’s 2014 MTI decision, both of which rejected constitutional challenges to Act 10, prevented the plaintiffs from bringing the current challenge.  In holding that the Legislature’s decision to carve out certain law enforcement roles from the collective bargaining changes that were implemented by Act 10 lacked a rational basis, the Court found Act 10 violated the Wisconsin Constitution’s Equal Protection clause.

Why it Matters:  The Court found that it could not sever the portions of Act 10 it held violated the Equal Protection clause – “I therefore must strike all aspects of Act 10 that relate to improper unequal treatment of public safety and general employees, meaning I must strike all of the collective bargaining changes in the Act.” (emphasis added).  Assuming the Court enters a final judgment finding Act 10 unconstitutional, it is almost certain to be appealed.  During the pendency of any appeal, the statewide applicability of Judge Frost’s decision will be questioned but local units of government are sure to be faced with difficult questions.

In light of the extreme disruption any changes to Act 10 would cause local units of government statewide, IRG will closely monitor the litigation.