MADISON – In 2011, Act 10 tightly restricted most collective bargaining for public employees. Now, union groups are fighting to have the law struck down.
Wisconsin unions have submitted a lawsuit to strike down Act 10, arguing it makes unconstitutional exceptions for some occupations to have collective bargaining while others do not. The State Legislature has submitted a challenge to the suit, arguing that it should not be heard.
The question of whether or not the lawsuit should proceed sits in front of Dane County Circuit Court Judge Jacob Frost. But some have made calls for Judge Frost to recuse himself from the case, after his name was discovered on a petition to recall Former Governor Scott Walker whose administration Act 10 was established under.
While giving his analysis of the situation, UW-Milwaukee Professor of Political Science Dr. Mordecai Lee suggested Judge Frost would benefit from patience.
“I should think that the judge in Dane County should hold off on a ruling until he can get a ruling from the Judicial Commission or any other appropriate ethics body that can give him guidance,” said Dr. Lee. “Otherwise, it would really taint his decision. Certainly, whatever his decision would be the other side would appeal it.”
And appeal is just one of multiple avenues the case could take: “The other alternative is there could be a request for the State Supreme Court to take Original Jurisdiction. (This would) skip the Appeals Court and go straight to the State Supreme Court.”
If the lawsuit were to reach the State Supreme Court, it would be the first time Act 10 would be before the Court after the election of Justice Janet Protasiewicz which flipped the Court to a liberal majority.
Dr. Lee hypothesized that a decision would likely not be reached any time soon, certainly not before the upcoming election cycle, because of the time it takes for courts to make decisions.
