{"id":11604,"date":"2024-07-12T11:28:53","date_gmt":"2024-07-12T11:28:53","guid":{"rendered":"https:\/\/wifamily.news\/?p=11604"},"modified":"2024-07-12T12:01:08","modified_gmt":"2024-07-12T12:01:08","slug":"judge-rules-against-act-10-final-ruling-to-come","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=11604","title":{"rendered":"Judge rules against Act 10, final ruling to come"},"content":{"rendered":"<p>This post originally appeared at <a href=\"https:\/\/reforminggovernment.org\/judge-rules-against-act-10-final-ruling-to-come\/\">https:\/\/reforminggovernment.org\/judge-rules-against-act-10-final-ruling-to-come\/<\/a><\/p>\n<div><img decoding=\"async\" src=\"https:\/\/wifamily.news\/wp-content\/uploads\/2024\/07\/Jacob-J.-Curtis-profile.png\" class=\"ff-og-image-inserted\" \/><\/div>\n<p><b>What Happened:<\/b><span> On the eve of July 4th, Dane County Circuit Court Judge Jacob Frost, <\/span><a href=\"https:\/\/pbswisconsin.org\/news-item\/wisconsin-judge-hearing-act-10-lawsuit-appears-to-have-signed-the-walker-recall-petition-in-2011\/\"><span>a Governor Walker recall signer<\/span><\/a><span>, issued a decision in the most recent challenge to Act 10, denying the Legislature\u2019s Motion to Dismiss.\u00a0 The Court rejected the Legislature\u2019s argument that the case should be dismissed on laches and claim preclusion grounds.\u00a0 Specifically with respect to preclusion, the Court disagreed the 7th Circuit\u2019s 2013 <\/span><i><span>WEAC<\/span><\/i><span> decision and the Wisconsin Supreme Court\u2019s 2014 <\/span><i><span>MTI<\/span><\/i><span> decision, both of which rejected constitutional challenges to Act 10, prevented the plaintiffs from bringing the current challenge.\u00a0 In holding that the Legislature\u2019s 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\u2019s Equal Protection clause.<\/span><\/p>\n<p><b>Why it Matters:\u00a0 <\/b><span>The Court found that it could not sever the portions of Act 10 it held violated the Equal Protection clause \u2013 \u201cI therefore must strike all aspects of Act 10 that relate to improper unequal treatment of public safety and general employees, meaning <\/span><b>I must strike all of the collective bargaining changes in the Act<\/b><span>.\u201d (emphasis added).\u00a0 Assuming the Court enters a final judgment finding Act 10 unconstitutional, it is almost certain to be appealed.\u00a0 During the pendency of any appeal, the statewide applicability of Judge Frost\u2019s decision will be questioned but local units of government are sure to be faced with difficult questions.<\/span><span><br \/><\/span><span><br \/><\/span><span>In light of the extreme disruption any changes to Act 10 would cause local units of government statewide, IRG will closely monitor the litigation.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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&#8230;<\/p>\n","protected":false},"author":120,"featured_media":11602,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-11604","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-institute-for-reforming-government"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/11604","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/120"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11604"}],"version-history":[{"count":2,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/11604\/revisions"}],"predecessor-version":[{"id":11606,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/11604\/revisions\/11606"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/11602"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11604"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11604"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}